Document pmg3zBdO4LjONj8gkqR8o61zD

FILE NAME: American Cyanamid (AMCY) DATE: 2011 Feb 22 DOC#: AMCY027 DOCUMENT DESCRIPTION: Legal - Deposition ofJA Pendergrass NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 1 1 IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA 2 3 ROBERT WILLIAM BRENNAN, and )CIVIL DIVISION MARCELLA F. BRENNAN, his wife, 4 ) ASBESTOS Plaintiffs, )GD No. 10-016088 ) 6 vs. 1 AMERICAN BILTRITE and its ) division AMTICO, et. al., ) 8 ) Defendants. ) 9 10 Video Deposition of JOHN A. PENDERGRASS 11 Tuesday, February 22, 2011 12 13 The video and teleconference deposition of 14 JOHN A. PENDERGRASS, called as a witness by the Plaintiffs, pursuant to notice and the 15 Pennsylvania Rules of Civil Procedure pertaining to the taking of depositions, taken before me, the 16 undersigned, Terri J. Urbash, a Notary Public in and for the Commonwealth of Pennsylvania, the 13 witness and his attorney at Barlow Reporting, 317 Executive Park Circle, Mobile Alabama, 36606, 18 commencing at 11:56 a.m., the day and date above set forth. 19 - - - 20 21 22 23 NETWORK DEPOSITION SERVICES SUITE 1101, GULF TOWER 24 PITTSBURGH, PENNSYLVANIA 15219 412-281-7908 25 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 2 ( P a g e s 2 t o 5) 1 COUNSEL PRESENT 2 On behalfof the Plaintiffs 3 Savinis, D'Amico & Kane. LLP Janice M Saviius, Esquire 4 Suite 3626, GulfTower Pittsburgh, Pennsylvania 15219 5 On behalfof the Defendant Wyeth. LLC Kellev Jasons McGuire Spinelli & Hanna. 7 LLP Thomas Hanna, Esquire 8 Two Liberty Place, Suite 1900 50 South 16th street 9 Philadelphia, Pennsylvania 19102 10 On behalfof the Defendant Conwed 11 Corporation 12 Kellev Jasons McGuire Spinelli & Hanna LLP 13 Katherine Andtrson, Esquire (via phone) 429 Forbes Avenue, Suite 1202 14 Allegheny Building Pittsburgh. Pennsylvania 15219 15 On behalf of the Defendants Aurora Pumps, 16 DeZurik, and Milwaukee Valve 17 Maron Pierce, LLC Terry A Schrock, Esquire 18 Landmarks Building, Suite 250 Pittsburgh Pennsylvania 15219 19 On behalf of the Defendant Ingersoll-Rand 20 Burns White 21 Francis D Wyrnard. Esquire Four Northshoi e Center 22 106 Isabella Sheet Pittsburgh, Pennsylvania 15212 23 24 25 1 APPEARANCES CONTINUED 2 On behalfof the Defendant Kentile Floors 3 Willman & Silvaggio. LLP Ronald J Richert, Esquire (via phone) 4 550 Corporate Drive Suite 150 Pittsburgh Pennsylvania 15237 On behalf of the Defendants Blackmer Pump 6 Company, Flov.'serve Corporation, in its own right and <is a successor to Durco 7 International and the Duriron Company, Joy Technologies f/k/a Joy Manufacturing 8 Company, Kaiser Gypsum Company, Inc 9 Marshall, Dennehey, Warner Coleman & Goggm 10 Melissa D Cochran Esquire (via phone) 2900 US Steel Tower 11 Pittsburgh. Pennsylvania 15219 12 On behalfof the Defendant Fisher Scientific 13 Babst Calland Clements Zomnir, P C 14 James V Corbelli. Esquire Two Gateway Center 15 Pittsburgh, Pennsylvania 15222 1 6 On behalf of the Defendant Met-Pro Corporation 17 Rawle & Henderson, LLP 18 Aaron M Dorlzaun, Esquire (via phone) The Henry W Oliver Building 19 535 Srruthfield Street, Suite 100 Pittsburgh. Pennsylvania 15222 20 On behalfof the Defendant Goulds Pumps. 21 Inc 22 Grogan Graffam, P C Robert Leidigh Esquire (via phone) 23 Edward Chiodo. Esquire (via phone) Four Gateway Center, 12th Floor 24 Pittsburgh, Pennsylvania 15222 25 2 1 2 3 4 5 6 7 g 9 10 11 1 2 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 2 3 4 5 6 7 8 9 10 11 12 13 1 4 15 16 17 18 19 20 21 22 23 24 25 4 APPEARANCES CONTINUED On behalf of the Defendants CBS Westinghouse Eckert Seamans Cherin & Mellott, LLC Paul D Kruper, Esquire U S Steel Tower 600 Grant Street, 44th Floor Pittsburgh, Pennsylvania 15219 On behalf of the Defendants Crane Co and Foster Wheeler Vickers Rns. Murry and Curran, LLC Timothy A Clarke, Esquire Post Office Box Drawer 2568 Mobile, Alabama 36652 On behalf of the Defendant ITT Corporation Dickie, McCamey& Chilcote, P C Shannan E Noe, Esquire ( via phone) Two PPG Place, Suite 400 Pittsburgh, Pennsylvania 15222 On behalf of the Defendant Eaton Corp Goldberg. Miller & Rubin, P C lan T Kingsley, Esquire (via phone) The North American Building 121 South Broad Street, Suite 1500 Philadelphia. Pennsylvania 19107 I-N-D-E-X EXAMINATION BY Ms Savinis - Mr Hanna - 7 137 PAGE 129 5 MR. HANNA: 1just want to put on the record I understand we have been delayed here because of a weather delay in Pittsburgh. 1 just want the record to reflect that Mr. Pendergrass and I were ready to proceed on time at 10:00 -- at 10:00 a.m Central time, 11:00 a.m. Eastern time. Thank you. MS. SAVINIS: Okay, is he ready? Let's roll. MR. HANNA: Sure, he's ready. Proceed. (Discussion held off the record.) MS. SAVINIS: Sir, my name is Janice Savinis. I just want to be sure I am pronouncing your last name correctly. Is it "Pendergrass"? THE WITNESS: "Pendergrass," G-R-A-S-S. MS. SAVINIS: "Pendergrass," I'm saying it correct? THE WITNESS: That's right. MS. SAVINIS: Thanks so much. (On the video record.) THE VIDEO OPERATOR: We are on the Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 3 ( P a g e s 6 t o 9) 6 8 1 record. Today's date is February 22nd. 2011. 1 MR. HANNA: Janice, are you hearing 2 We are taking the deposition of John 2 Mr Pendergrass okay, just so - are you 3 Pendergrass in the matter of Robert William 3 hearing him okay9 4 Brennan and Marcella Brennan versus American 4 MS. SAV1N1S- We are. 5 Biltrite. 5 MR. HANNA: Okay, fine. Thank you. 1 6 We are in Mobile, Alabama, at Barlow 6 just think his voice - 1don't think you 7 Reporting. 7 need to raise your voice loud. I think she 8 The court reporter can now swear in 8 can hear you just fine. 9 the witness. 9 Go ahead, Janice, I'm sorry. 0 (Witness sworn.) 10 MS. SAV1N1S. That's quite all right. 1 -- 11 BY MS. SAVIN1S: 2 JOHN A. PENDERGRASS 12 Q Mr. Pendergrass, the first thing that 3 Having been first duly sworn, as hereinafter 13 1would like to quickly do is tojust outline your 4 certified, was deposed and testified as 14 educational and employment background so everybody .5 follows: 15 has a reference point. 6 EXAMINATION 16 1understand that from 1943 to 1944 7 BY MS. SAV1N1S: 17 you attended Tulane University; is that true? 8 Q Mr. Pendergrass, my name is 18 A Yes, it is. 9 Janice Savin:s and I represent Mr. and 19 0 And from 1946 to 1948 you attended the :o Mrs. Brennan in regard to an asbestos claim that 20 University of Alabama and secured a BS, in both :l is pending in Allegheny County, which is in 21 biolog)' and chemistry? 12 Pittsburgh, Pennsylvania. 22 A That's correct. ! 3 You are here today as a result of my 23 Q From 1954 to 1955 you attended the '4 request to depose you. 1understand that you were 24 University of Michigan9 :5 previously employed by American Cyanamid and, for 25 A Yes. 1did. 7 Q i a period of time, as you may have learned, i Q And at that point in time can you tell 2 Mr. Brennan and his father were employed by 2 us what degree you secured? 3 American Cyanamid at the Lederle Lab plant. 3 A A Masters of public health with 4 Would you be so kind to first tell us 4 emphasis in industrial hygiene. 5 your full name and your home address. 5 0 And from 1948 to 1956 you were 6 A John A. Pendergrass. My address is 6 employed by the Tennessee Valley Authority, 7 6809 Somerby, S-O-M-E-R-B-Y, Lane, Mobile, 7 better known as TVA? 8 Alabama, 36695. 8 A Yes, that's true, with a period in 9 Q Mr. Pendergrass, how old are you 9 there from '51 to '5 3 ,1was recalled to active 0 today? 10 duty in the Navy. 1 A 85. 11 O From 1956 to 1957 you were employed by 2 Q And your date of birth? 12 Boeing Airplane Company; is that true? 3 A August 31st, 1925. 13 A In Wichita, Kansas, yes. 4 Q 1understand that you have been 14 Q From 1957 to 1964 you were employed 5 deposed on many other occasions; is that true? 1 5 as an industrial hygienist at the American 6 A That's true. 1 6 Cyanamid - by American Cyanamid Company? 7 Q And 1know --I'm sure you are 17 A That's correct. 8 familiar wilh the rules of the deposition, but 18 Q From 1964 to 1986 you weie employed by 9 there is one rule 1just want to refresh you on, 1 9 3M Company? 0 and that rule is today if any time during the 20 A That's correct. 1 course of this deposition you want to take a 21 Q From 1986 to 1989 you were employed by 2 break, you just let me know and 1certainly will 22 the U.S. Department of Labor as the assistant 3 accommodate you; fair enough? 23 Secretary of Labor for OSHA? 4 A Thank you very much. 24 A That's correct. 5 Q Now -- 25 Q From 1989 till some point in time, and Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 4 (Pages 10 t o 13) 10 12 1 you will have to tell me when, you operated 1 Q And was that first contact by phone or 2 Pendergrass Associates; is that true? 2 in person? 3 A Well, during that period I was acting 3 A By telephone. 4 as a consultant part of the time as Pendergrass 4 Q In regard to your participation in 5 Associates, some of the time just Pendergrass. 5 this case, did you review any documents? 6 Q Can you tell me how long you operated 6 A The only documents that 1have 7 Pendergrass or Pendergrass Associates, from 1989 7 reviewed was a deposition of me back in, 1 8 till when? 8 believe - I don't remember the exact date - and 9 A 2007 9 also an article written by Mr. Bradley, who was 0 Q And from 1989 to 2007 you did work 10 the chief industrial hygienist for American 1 involving asbestos litigation at that time? 11 Cyanamid. 2 A Yes. 12 Q And did you bring that deposition with 3 Q And then 1understand from -- 13 you today? 4 beginning in 1994 you were employed by 14 A Yes. 5 American Services Corporation? 15 Q Okay. And would you be so kind and 6 A 1was a part of that organization, 16 tell me the date of that deposition? 7 yes. 17 A Just a minute. 8 Q And can you tell me how long you were 18 Q Take your time. 9 a part of that organization and what exactly is 19 MR. HANNA: August 21st. 2001. 0 that organization? 20 Q And can you tell me, Mr. Pendergrass, 1 A Well, it no longer exists. It was a 21 the title of the article that you reviewed that 2 company that was formed to offer a technique for 22 was authored by Mr. Bradley? 3 air conditioning in buildings. 23 A Just a minute. 4 Q And can you tell me how long you were 24 Q Take your time. 5 affiliated with American Services Corporation? 25 That deposition, was that involving an 11 13 1 A The dates that you have there would be 1 asbestos case? 2 the ones. 2 A Yes, it was. 3 Q I have from 1994 to present. Are you 3 Q And who provided that transcript to 4 still involved with that company? 4 you? 5 A Oh, no, no, I'm sorry, that's --no, 5 A Mr. Hanna. 6 1 9 --1994, probably about two years. 6 Q And did Mr. Hanna provide you the 7 Q So to approximately 1996? 7 article, also? 8 A Right. 8 A Yes. 9 Q And - 9 Q And what was the - 0 A Yes. 10 MR. HANNA: Is this the article? 1 Q And, Mr. Pendergrass, can you tell me 11 Hang on one second. 1just want to make sure 2 how you got involved in this case, the Brennan 12 this was the -- this was, in fact, the 3 mesothelioma case? 13 article. 4 A 1 was contacted by an attorney in 14 Is that the one? 5 Pittsburgh and asked if I would be ~ a fact 15 THE WITNESS: Yes. 6 witness 1 believe is the correct term. 16 MR. HANNA: I will tell you what it 7 Q And can you tell me, Mr. Pendergrass, 17 was, Janice, it was the article that you 8 when you were first contacted and by whom? 18 marked as Exhibit 14 and - in the Gramling 9 A I'm sorry, 1 don't have an exact date, 19 deposition. 0 probably in the last ~ within the last month by 20 MS. SAVIN1S: Well, can you - 1 Mrs. Lewis. 21 MR. HANNA: It is entitled "Cyanamid's 2 Q And today Mr. Hanna is present with 22 Industrial Hygiene Program, W. R. Bradley, 3 you. When did you first have contact with 23 chief industrial hygienist." 4 Mr. Hanna? 24 MS. SAV1N1S: Thank you so much, Tom. 5 A Last week. 25 MR. HANNA: Sure. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 5 ( P a g e s 14 t o 17) 14 16 1 BY MS. SAVIN1S. 1 asbestos and develop asbestosis? 2 Q Prior to reviewing that article at the 2 A That's correct. 3 request of Mr. Hanna, do you recall if you ever 3 Q And by that point in time, that 4 read that article before? 4 disease process, asbestosis, was being reported in 5 MR. HANNA: Object to the form. 5 the medical literature? 6 A I don't recall reading it before, no. 6 A 1wouldn't have known it unless it had 7 Q Mr. Pendergrass, can you and 1 agree 7 been reported somewhere, yes. 8 that a basic definition of industrial hygiene is 8 Q Okay. And certainly by the time you 9 the science of anticipating, recognizing, 9 went to the University of Michigan in the 0 evaluating and controlling workplace conditions 10 mid '50s, you at that time learned about the 1 that may cause workers injury or illness? 11 dangerous propensities of asbestos exposure; 2 A Yes. 12 correct? 3 Q And industrial hygienists, such as 13 MR. HANNA: Objection. 4 yourself, use environmental monitoring and 14 A Well, let me explain that. There was 5 analytical methods to detect the extent of 15 a course in pneumoconiosis. The principal mineral 6 workers' exposures? 16 studied was silica and silicosis. Asbestos 7 A Yes. 17 and asbestosis was lumped with other 8 Q Doctor, prior --or excuse me, 18 pneumoconiosis-producing materials. 9 Mr. Pendergrass, prior to 1948, and I'm going to 19 Q But at that point in time, while at 0 take you back when you were at the University of 20 the University of Michigan, you learned about 1 Alabama, in your chemistry courses you learned 21 asbestos, its dangerous propensities; correct? 2 that asbestos was a mineral and served as a good 22 A As I just said, it was not a principal 3 insulator; correct? 23 point of discussion, it was lumped with other 4 A I can't say one way or the other on 24 materials that came most with pneumoconiosis. 5 that. 25 Q Meaning a lung disease caused by 15 17 1 Q You don't remember your chemistry and 1 dust exposure? 2 biology days at University of Alabama? 2 A Yes. 3 A I'm scrry, I didn't hear --1 don't 3 Q And, Doctor, when you were attending 4 understand your question. 4 the University of Michigan, you learned how to 5 Q Yeah. Reflecting back on your 5 sample for substances, dust, such as asbestos: 6 educational experience when you were at the 6 correct? 7 University of Alabama, you took chemistry and 7 A Yes. 8 biology courses; correct? 8 Q And you learned of engineering 9 A That's right. 9 techniques by which you can preclude a worker from 0 Q And did you learn that asbestos was a 10 being exposed; is that true? .1 mineral? 11 A In a general way, yes. 2 A I'm sure 1 did. I can't pinpoint it, 12 Q You learned about exhaust and .3 but yes. 13 ventilation, wet-down procedures; coiTect? .4 Q And certainly by 1948 you were 14 A Yes. .5 well aware that asbestos exposure could cause the 15 Q You learned about respirators and 6 disease asbestosis; correct? 16 reasons why workers should be educated? .7 A I probably became aware of that 17 A I'm not sure 1 understand what you .8 sometime after I went to work in 1948. 18 mean by workers being educated, but. yes, it is .9 Q And when you say "sometime when you 19 important to know about the different control :o went to work," are you speaking of your employment 20 procedures that exist, and, yes --and workers :i with the Tennessee Valley Authority? 21 should be informed as to what they are working !2 A Yes. 22 with. :3 Q So by then, you were aware while you 23 Q And you learned that back in your days :4 were employed by the Tennessee Valley Authority, 24 at the University of Michigan? :5 you were awiire that people can be overexposed to 25 A I probably learned that before I went Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 6 ( P a g e s 18 t o 21) 18 20 1 to Michigan. 1 expert report in regard to asbestos cases that 2 Q Fair enough. And, Doctor, in one of 2 were filed in Allegheny County, and in that report 3 your previous depositions you had testified that 3 you stated the following: "In 1964, Dr. Irving 4 Dr. Cook, a pathologist, he had termed the disease 4 Selikoff and colleagues reported on those studies 5 asbestosis back in 1924; do you remember that? 5 of insulation workers, many of whom had been 6 A 1remember that the term "asbestosis" 6 shipyard workers and exposed to asbestos during 7 was about 1925. I didn't understand who it was 7 the World War II period. Dr. Selikoff reported 8 that you said created the term. 8 that there was a link between asbestos exposure 9 Q Dr. Cook. 9 and lung cancer." And my quest- - 0 MR. HANNA: Dr. Cook. 10 A Yes, that is true. 1 Q A palhologist. 11 Q That is true. And, actually, Doctor, 2 A I don't remember that, but okay. 12 in 1964 when Dr. Selikoff made that presentation, 3 Q Okay, fair enough. 13 is it accurate to state that you were present? 4 Doctor, can you and 1 agree that 14 A That is true. 5 certainly by the 1940s the medical community was 15 Q Do you remember, Mr. Pendergrass, an 6 aware that asbestos could be a cancer-causing 16 article that was authored by Sir Richard Doll in 7 agent? 17 1955 in the British Journal of Industrial Medicine 8 MR. HANNA: Object. 18 entitled "Mortality from Lung Cancer in Asbestos 9 A No, 1don't. There were reports, 19 Workers"? 0 there were case studies, you said 1940,1think 20 A I recall the article, yes. 1 you are a little early. 21 Q Now -- 2 Q I said "the 1940s," Mr. Pendergrass. 22 MR. HANNA: Janice, let me interrupt 3 A Well, even that is a little bit early, 23 just -- Janice, let me interrupt just one 4 too. 24 second, I'm sorry. 5 Q Doctor --or I keep calling you 25 Are we going to have the 19 21 1 "doctor." 1 apologize, Mr. Pendergrass. 1 opportunity --I'm assuming that at some 2 Did you ever review an article dated 2 point in time --1don't - we are going to 3 August of 1949 that was published in the 3 have the opportunity to have these articles 4 Journal of the American Medical Association, 4 marked? 5 entitled "Asbestosis and Cancer of the Lung"? 5 MS. SAVINIS: Any article that 1plan 6 A By whom? 6 to show him, we will have marked. 7 Q I can't tell you the, the --hold on 7 MR. HANNA: Okay. I mean, your 8 one second. 8 question, though --I mean, I asked --and I 9 It is an editorial in JAMA. It 9 would ask that his report be marked since he 0 doesn't list a specific article --excuse me, a 10 was questioned on it, if you could, please, 1 specific author. 11 and I have requested it, but, obviously, you 2 MR. HANNA: Just let me tender my 12 didn't provide it, so I can't - you know, I 3 objection in that you are questioning the 13 would just ask that it be marked as an 4 doctor about an article that he does not - 14 exhibit. 5 doesn't have the opportunity to review, but 15 Q Mr. Pendergrass, you never published 6 go ahead, Doctor, if you can - or I'm sorry, 16 any scientific literature on asbestos; have you? 7 go ahead, I'm doing the same thing now, go 17 A No. 8 ahead, Mr. Pendergrass, if you can, please 18 Q And you never participated in any type 9 answer Ms. Savinis' question. 19 of animal studies where animals were exposed to 0 A I can't because 1 don't really have 20 asbestos? 1 any way of knowing what article you are talking 21 A I have not, no. 2 about. 22 Q And you never lectured at any 3 Q Okay. When another lawyer from my 23 university or scientific group --or before a 4 office gets there, we will show you the article. 24 scientific group on asbestos? 5 Doctor, you yourself prepared an 25 A That's true. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 7 (Pages 22 to 25) 22 24 1 Q And you have never participated in any 1 Q For example -- 2 epidemiological studies on asbestos? 2 A They may not be aware of it, they may 3 A That's true. 3 not even be aware of the conditions. 4 Q And, Mr. Pendergrass, you have 4 I'm sorry, go ahead. 5 received many awards, but none of those awards 5 0 Fair enough. Fair enough. 6 have been in regard to asbestos; is that true? 6 Mr. Pendergrass, Mike Robb is another 7 A That's true. 8 Q But you have testified in asbestos 7 lawyer from my office. He just walked in the 8 room, and I'm going to ask Mike to show you 9 cases as a state-of-the-art expert; is that true? 9 No. 36. 0 A Yes. 10 You and I spoke very briefly' about an 1 Q And you have done that on a number of 11 article that was published -- 2 occasions? 12 MS. SAV1NIS: Excuse me, Mike, the 3 A Yes. 13 article is No. 34. 1want him to - 4 Q And you have prepared reports on 14 MR. HANNA: Terri, would you just -- 5 state-of-the-art as it applies to certain 15 Terri, would you just indicate the time that 6 defendants? 16 counsel just arrived, please. 7 MR. HANNA: Objection. Go ahead. 17 THE COURT REPORTER: Sure. 8 A Yes. 18 MR. HANNA: If you'd make a note of 9 Q And can you and 1agree that term 19 it. 0 "state-of-the-art" would only be relevant in 20 1 litigation, that is not something that you learned 21 2 about in your educational background, state-of- 22 THE COURT REPORTER: Sure. MR. HANNA: Thank you. (The time is 12:21 p.m.) 3 the-art experts? 2 3 BY MS. SAVIN1S: 4 MR. HANNA: Objection, objection. 24 Q Mr. Pendergrass, Michael was kind 5 A I don't really understand your 2 5 enough to place in front of you the Journal of the 23 25 1 question. The state-of-the-art is - yes, it is a 1 American Medical Association, the August 13th, 2 term that is used to describe what the current 2 1949 editorial that 1was referring to, and if you 3 status of something is. 3 flip to the next page, it is noted "Asbestosis and 4 MR. HANNA: Terri, Terri, are you 4 Cancer of the Lung," and my question to you was 5 getting my objections? 1just want to 5 did you ever have an opportunity, whether in a 6 make --you know, since you are not here, 1 6 litigation setting or in an employment setting, to 7 just want to make sure you are hearing me 7 review this specific editorial? 8 okay. 8 MR. HANNA: Objection. 9 THE COURT REPORTER: I am hearing you 9 A I can't answer that one way or the 0 fine. 10 other. .1 MR. HANNA: Great, Terri. Thank you. 11 Q Pardon me? .2 Q Mr. Pendergrass, you and 1can agree 12 A I couldn't answer that one way or the 3 that the state-of-the-art has to be evaluated on 1 3 other, either yes or no. 4 an individual basis, you can't imply that what is 14 Q In the scope and course of your .5 known in one profession or by one entity would 1 5 work as an industrial hygienist, or as a 6 necessarily be known by another? 1 6 state-of-the-art expert in asbestos litigation, 7 MR. HANNA: Objection. 1 7 did you review articles that were in JAMA, the 8 A Again, I'm afraid I don't really 1 8 Journal of the American Medical Association? 9 understand your question. "State-of-the-art" 19 A 1may have. :0 deals with a particular subject, what is known at 20 Q You just don't know sitting here 1 that time. 2 Q B ut you also have to know who you are 21 today? 22 A No. 3 saying knew something at a certain time? 23 Q Now, the first time you testified in 4 A I don't know that you have to say 2 4 asbestos litigation was January 29th, 1992, in 5 somebody knew something, no. 2 5 St. Louis? Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg OCC CCC 4 0 0 0 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 8 (Pages 26 t o 29) 26 28 1 MR. HANNA: Objection. 1 A 1think counting Mr. Bradley, there 2 A I don't know whether that was the 2 would be five. 3 first time or not. I don't even know what that 3 Q And the five individuals that were 4 case was. 4 employed as corporate industrial hygienists, they 5 Q Back in 2003 you testified that you 5 had both experience in toxicology, chemistry and 6 had given approximately fifty to a hundred 6 engineering? 7 depositions, and at least fifty percent of those 7 A Yes. 8 depositions were --involved asbestos litigation. 8 Q And their efforts were directed 9 MR. HANNA: Objection. 9 chiefly toward maintaining the health and 0 Q Does that comport with your memory? 10 wellbeing of employees within the plant and in the 1 A In a general way. I mean, I don't 11 surrounding neighborhoods; is that true? 2 know what you are reading from or what your 12 A Yes. 3 information is, but I couldn't refute it. It 13 Q Industrial hygiene at American 4 sounds all right. 14 Cyanamid was a function of the central medical 5 Q Can you tell us how much money you 15 department; is that true? 6 earned in regard to reviewing asbestos cases or 16 A That's correct, yes. 7 testifying in asbestos cases? 17 Q And can you tell me, when you first 8 MR. HANNA: Objection. 18 started in 1957, who was the chief medical 9 A I have no way o f knowing. 19 director at that time? 0 Q You didn't keep records back with 20 A I believe Dr. Hamblin was still the 1 Pendergrass Associates of your litigation efforts 21 medical director at that time. 2 and the list of the cases and the monies that you 22 Q During your entire employment with 3 received? 23 American Cyanamid from 1957 to 1964, was he the 4 MR. HANNA: Objection. Go ahead. 24 chief medical director that entire time frame? 5 A I think your question is did 1keep a 25 A No. 27 29 1 record of individual cases and money. 1certainly 1 2 recorded everything that 1collected, and this was 2 3 duly reported to the 1RS, but I have no idea of 3 4 what - how much money --now how much money came 4 5 from one particular case. 5 6 Q Now, I'd like to focus you. 6 7 Mr. Pendergrass, on your work experience on 7 8 American Cyanamid, which was from fifty -- 8 9 A All right. 9 .0 Q -- 1957 to 1964. You were employed as 10 .1 a corporate industrial hygienist; correct? 11 .2 A That's right. 12 .3 Q Which was a staff position in 13 A headquarters? 14 .5 A Yes. 15 .6 Q And originally was your office or were 16 .7 you physically located in New York and then later 17 .8 New Jersey? 18 .9 A That's correct. 19 !0 Q And there were other industrial 20 :i hygienists employed by American Cyanamid; correct? 21 !2 A Yes. 22 !3 Q When you started in 1957, can you tell 23 !4 us how many industrial hygienists were employed as 24 !5 corporate industrial hygienists? 25 Q Who was the other individual or individuals you recall that held that title? A Dr Golz, G-O-L-Z. Q Any others? A No. Q I know it is taking you back a long way, Mr. Pendergrass, but do you know when Mr. Pendergrass - or excuse me, when Dr. Golz took that position? A 1couldn't give you a specific date, but it was not long after I went to work there. Q Fair enough. And why did he take over that position, did Dr. Hamblin retire or leave the employment of American Cyanamid? A He retired. Q The nature of American Cyanamid's business, was it primary the production of chemicals? A It was a very diversified company, but probably, yes, most of it would be considered chemical; not all of it, but most of it. Q And they had two specific chemical divisions, the organic chemical division and the industrial chemical division. A Those were two divisions. I don't Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 9 (Pages 30 t o 33) 30 32 1 know that --I don't recall that they were 1 just see if I can find it for him. Hold on. 2 specifically divided, but, yes, there were organic 2 THE WITNESS: Okay. 3 chemicals and industrial chemicals, and, of 3 MR. HANNA: Here. 4 course, pharmaceutical chemicals. 4 Q Do you see that? 5 Q And were the organic and industrial 5 A That's just - i t -- 6 divisions, their facilities, their plants, located 6 MR. HANNA: No, it is in here. Let me 7 in New Jersey? 7 just show you. 8 A Some were in New Jersey, some were all 8 MS. SAVINIS: It's - 9 over the country. 9 MR. HANNA: Let me find it for you. 0 Q Now, as a corporate industrial 10 It is in U.S. - 1 hygienist, you are not assigned to a specific 11 A Oh, okay, that's fine, yep, 1 see it. 2 plant; is that true? 12 Q Do you see 60? 3 A That's correct. 13 A Yes. 4 Q When you were employed during the 14 Q Now, let's assume for purposes of my 5 time period '55 to '64 -- excuse me, '57 to '64, 15 question that 60 is accurate during the relevant 6 were there approximately 60 American Cyanamid 16 time frame. Can you tell me if those 60 plants 7 facilities in the U.S.? 17 had industrial hygienists that were assigned to 8 A I have no idea. 18 the plant itself? 9 Q You don't have --you can't even say 19 A Some of them did. 0 if that's close? 20 Q Okay. Would you be able, sitting here 1 A It sounds reasonable, but if I knew at 21 today, to give us a ballpark figure of what 2 the time, fine, but 1certainly don't remember 22 percentage or how many plants had an industrial 3 now. 23 hygienist that was assigned to the plant? 4 Q I'm going to have Mike Robb show you 24 A I can't give you an exact number, but 5 Exhibit No. 36, and Mr. Hanna has seen this 25 it would be a relatively few, it would be the 31 33 1 document before, and I will just wait until it is 1 larger plants. I would say maybe four or five. 2 in front of you; okay? 2 Q Okay. When you began at American 3 MR. HANNA: Thanks, Mike. 3 Cyanamid, was Mr. Bradley your boss? 4 Yeah, 1think I have seen that, Mike. 4 A Yes. 5 Okay, thank you. 5 Q And was he the chief industrial 6 MR. ROBB: You're welcome. 6 hygienist? 7 Q Mr. Pendergrass, I'm going to 7 A I don't recall what his title was, 8 represent that this is from December 12,1966. It 8 but, yes, that was his function. 9 was published in Cyanamid News, and Mr. Hanna, 9 Q And it is my understanding that he 0 I think, directed your attention to the relevant 10 came aboard with American Cyanamid essentially to 1 section. If you look - 11 start their industrial hygiene program; was that 2 MR. HANNA: The date, Janice, just -- 12 your understanding? 3 Q --under "Plants in the U.S.," and it 13 A Yes. 4 is in the very first column, it is noted that 14 Q And that there was no industrial 5 there are 60 plants; do you see that? 15 hygienist employed by American Cyanamid prior to 6 A 1haven't counted them. 1see the 16 him coming aboard? 7 list here, yes. It starts in Akron and goes down 17 A 1think that's correct. 8 to Woodridge. 18 Q Thinking back on your work experience 9 MR. HANNA: No, that's the sales 19 at American Cyanamid, do you recall them having a 0 offices. 20 research division in Stamford, Connecticut? `1 Q At the very top -- 21 A Yes. : 2 M R . H A N N A : H ere's the plants, here 22 Q And at the Stamford, Connecticut '3 are the plants. 23 research facility, did they do studies? 1 4 THE WITNESS: Oh. 24 A It is a research organization, yes. 5 MR. HANNA: I got it, Janice. Let me 25 Q Had you ever visited the research Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 10 ( P a g e s 34 t o 37) 34 36 1 division in Stamford, Connecticut? 1 Q Now, was raw asbestos fiber used at 2 A Yes. 2 the Lederle Lab facility? 3 Q And were you ever involved in any of 3 A To my knowledge, no. 4 the studies that were conducted there? 4 Q We are going to go off the record very 5 A I was involved in some of the studies 5 briefly, and what I'm going to have Mike Robb do 6 that the industrial hygiene group conducted there. 6 is he is going to pull out some --a transcript 7 Q Do you know, Mr. Pendergrass, if 7 that you previously gave. 8 during your employment whether you were involved 8 MS. SAV1N1S: And, Mike, it is going 9 or others were involved, whether there was any 9 to be No. 7, if you could just pull that 0 research on asbestos or asbestos-related diseases 10 transcript. 1 at the central research division? 11 Q And 1am going to direct your 2 MR. HANNA: Objection. 12 attention to page 50 and 51, and give you a moment 3 Go ahead. 13 to look at it, and 1don't think there is a need 4 A 1don't know of anything. 14 to go off the record, so we will just stay on the 5 Q Can you tell me perhaps by giving me 15 record and I will give you a chance to look at 6 an example or two, if you can recall, what type of 16 that, and 1am going to ask you to look - once 7 research you were involved in as an industrial 17 you get to page 50, let me know. 8 hygienist? 18 MS. SAVIN1S: We have plenty of 9 A Developing some sampling techniques to 19 copies, so let Mr. Pendergrass have a copy. 0 use in other locations. 20 MR. HANNA: Okay, okay, well, that's 1 Q And are you talking would these 21 fine. 2 sampling techniques involve dust? 22 MR. ROBB: Janice, 1think I only have :3 A No. 23 one copy. 4 Q What were these sampling techniques 24 MS. SAV1NIS: Oh, 1 apologize. 5 for? 25 MR. ROBB: All right. 35 37 1 A Chlorine. 1 MS. SAV1N1S: Look at page 50. 2 Q Any other research that you 2 MR. HANNA: 50 and 51. 3 specifically recall being involved in? 3 THE WITNESS: I want to see the title 4 A Specific, no. We had -- our 4 page. 5 analytical laboratory was located at Stamford. 5 MR. HANNA: Oh, sure. 6 Q Now, you would visit, as an industrial 6 BY MS. SAVIN1S: 7 hygienist, you would go and conduct surveys at 7 Q And I'm asking you, Mr. Pendergrass, 8 plants; correct? 8 perhaps you can begin on page 50, line 9, and if 9 A That's correct. 9 you can read to page 51, line 10. and you tell me 0 Q And as soon as you started back in 10 when you are ready. Take your time. 1 1957, was that program already implemented, where 11 A Go ahead. 2 the corporate industrial hygienist would go to the 12 Q On the bottom of page 50, if you would 3 plants and do surveys? 13 just read along with me, you were asked on 4 A Yes. 14 line 22, "But to your knowledge, American Cyanamid 5 Q And in the scope and course of your 15 did not manufacture any asbestos products; 6 work with American Cyanamid, did you go to the 16 correct?" And you answered, "As far as 1recall. 7 Lederle Lab facility in Pearl River, New York? 17 that is true." 8 A Yes. 18 Next question, "And you are not aware 9 Q And can you and 1agree --and 1have 19 of American Cyanamid using asbestos in connection 0 looked at your previous testimony - that whether 20 with the manufacture of their pharmaceuticals; :i we are talking the Lederle Lab facility or other 21 correct?" :2 facilities o f Am erican Cyanamid, you never 22 And can you read your answer on :3 conducted any air samples for asbestos while 23 line 6? 4 employed by American Cyanamid? 24 A Yes. :5 A 1think that's correct, yes. 25 Q Can you read your answer? Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 11 ( P a ge s 38 t o 41) 38 40 1 A I said, "It might have been used as a 1 Jefferson Chemical Company in Port Neches. Texas"; 2 filtering agent in some processes. In fact, yes, 2 is that what it says? 3 it was, it was used as a filtering agent in the 3 A That's what it says. 4 production of chlorine at the Jefferson Chemical 4 Q And you can --you and 1can agree 5 plant." 5 that at the Lederle Lab facility pharmaceuticals 6 Q So back in 2002 when you were asked 6 were manufactured there? 7 whether asbestos was used in connection with 7 A That's correct. 8 pharmaceuticals, you indicated that it was, 8 Q Now, American Cyanamid was a member of 9 in fact, used as a filtering agent; do you see 9 the Industrial Health Foundation while you were 0 that? 10 employed; is that true? 1 MR. HANNA: Objection, at the 11 A Industrial Health Foundation, yes. 2 Jefferson plant. 12 I'm sure, I'm sure they were. 3 Go ahead, you can answer the question. 13 Q And the Industrial Health or Hygiene 4 A Well, the question was manufacturing 14 Foundation, as you know, the name had changed a 5 pharmaceuticals; they are not set out to --it 15 few times? 6 could have been used as a filtering agent, yes, it 16 A That's correct, that's why I 7 was, and then that was at the --I specifically 17 hesitated. 8 said the Jefferson Chemical plant in Port Neches. 18 Q Understood. That foundation was 9 You asked the question if they used raw asbestos, 19 formed back in the '30s; correct? 0 and 1don't recall them using raw asbestos as a 20 A I'm not aware of when it was formed. 1 product; as a filtering agent, perhaps, so - 21 Q Do you remember the IHF having an 2 Q So in the production of 22 industrial hygiene digest? 3 pharmaceuticals, American Cyanamid did use 23 A Yes. 4 asbestos at the Lederle facility? 24 Q And if you were a member of the IHF, 5 A 1 said they might have. 25 you would receive that digest on a monthly basis; 39 41 1 MR. HANNA: Objection. 1 correct? 2 Q Well, here you said they did; correct? 2 A I'm not sure what the periodical was, 3 MR. HANNA: Objection, it is a 3 but it was received regularly, yes. 4 different facility, Janice. 4 Q Can you and 1agree that the digest 5 Q You were asked whether it was used in 5 during the time period that you were employed by 6 connection with the manufacturing of 6 American Cyanamid, in the digest there were 7 pharmaceuticals, and your answer was it was used 7 abstracts of articles about asbestos-related 8 as a filtering agent or -- 8 diseases? 9 A No, the answer was, the answer was, 9 A Well, it had abstracts, 1can't say 0 "It might have been used as a filtering agent, 10 what was included, but I could not disagree with 1 yes, it was, it was used as a filtering agent in 11 you that it probably did have something on 2 the production of chlorine" -- 12 asbestos. 3 Q No, you're -- 13 Q The Industrial Hygiene or Health 4 A That's two different plants. 14 Foundation, if American Cyanamid wanted them to 5 Q No, read your answer, sir. Your 15 come in and do environmental surveys, they could 6 answer was -- 16 have done that; correct? 7 A Ijust - 1just read it. 17 MR. HANNA: Objection. 8 Q You read it inaccurately. You 18 A Are you saying that the Industrial 9 responded --this is your response -- 19 Hygiene Foundation could come in and do surveys? 0 MR. HANNA: Objection, arguing with 20 Q Correct, that American Cyanamid could 1 the witness. 21 contact them and make a request that they come in 2 Q -- "It m ight have been used as a 22 and d o a survey. 3 filtering agent in some processes. In fact, 23 A 1don't know. 4 I'm -- yes, it was. It was used as a filtering 24 MR. HANNA: Objection. 5 agent or in the production of chlorine at the 25 A I don't know. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 12 ( P a ge s 42 t o 45) 42 44 1 Q You are not aware of that? 1 hygienist at Lederle. 2 MR. HANNA: Objection, asked and 3 answered. 4 A No. 2 Q And do you recall his or her name? 3 A I have been reminded recently it is 4 John Wright. 5 Q Did you ever attend any presentations 5 Q Is Wright W-R-l-G-H-T, would that be 6 that were offered by the IHF? 6 the correct spelling? 7 A Yes. 7 A Yes. 8 Q And was that during your employment 8 Q And who refreshed your recollection 9 with American Cyanamid? 9 regarding John Wright recently? 0 A No. 10 A It came through another one of the 1 Q When was that? 1 1 industrial hygienists that had worked at Cyanamid. 2 A When 1was with 3M. 12 Q Did you have any discussions about 3 Q So that was after your employment -- 1 3 this case with another industrial hygienist? 4 A Yes. 14 A Not this case, no. 5 Q - with American Cyanamid? 15 Q Well, can you tell me, who mentioned 6 A Yes. 1 6 the name to you recently of John Wright? 7 Q Do you know if Mr. Bradley during his 17 A Mr. Hanna. 8 career with American Cyanamid attended any IHF 1 8 Q And was Mr. Wright at the Lederle 9 meetings or presentations? 1 9 facility the entire time that you were employed by 0 A I don't know. 2 0 American Cyanamid, if you know? 1 Q Mr. Pendergrass, are you familiar with 21 A Yes, he was. 2 Dr. Robert Parker, P-A-R-K-E-R, based on your 2 2 Q Do you know by chance if Mr. Wright is 3 employment at American Cyanamid? 2 3 living today? 4 A No. 24 A I don't know. 5 Q You had occasion to go to the 25 MR. HANNA: Janice, I believe he's - 43 45 1 Lederle Lab facility; correct? 1 1believe we have turned that over. 1 2 A I have visited the facility, yes. 2 believe Mr. Wright is deceased. 1think he 3 Q When you went there --once again, I 3 is on our list. 4 know I'm taking you back a long way --do you 4 Q Mr. Pendergrass, did you know during 5 remember who was the plant manager or the person 5 your employment or know of a physician by the name 6 in charge of the facility? 6 of Dr. W. G. Malcolm, M-A-L-C-O-L-M? 7 A No. 7 A 1 don't recall that name. 8 Q When you would go there, or went 8 Q How about this name, John Allegaert, 9 there, was it as a result of doing the health 9 A-L-L-E-G-A-E-R-T, Allegaert? 0 surveys? 10 A No. 1 A It would be associated with the 11 0 Do you know who was the chief 2 industrial hygiene activities there. 1 2 executive officer of American Cyanamid when you 3 Q Would you have - when you say that, 1 3 were so employed? 4 does that always mean that you were there to 14 A 1don't recall. 5 conduct a survey, or would there be some other 15 Q Now, you authored an article, and we 6 reason why you would have been there? 1 6 will have Mike show you to refresh your 7 A It might have been for a survey or it 1 7 recollection, you authored an article about 8 might have been to evaluate a particular 1 8 Mr. Bradley; do you remember that? 9 situation. 19 A Let me see it. 0 Q And when you went there, do you recall 20 Q Sure. 1 who you would have contact with or --even if you 2 1 MS. SAVINIS: Mike, would you please !2 c a n 't id e n tify th e perso n b y n a m e , w h e t h e r y o u 22 s h o w Mr. Pendergrass Exhibit N o . 10. 3 could say "I would go to the plant manager," or "1 2 3 Q And the article is "Pioneers in the 4 would go to the person that held this title"? 2 4 Profession, William R. Bradley," and this was 5 A There was a resident industrial 2 5 published by you in the American Industrial Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 13 ( P a g e s 46 t o 49) 46 48 1 Hygiene Association Journal in 1990. 1 your time, 1want to ask you if you could flip to 2 Just take a moment to refresh yourself 2 the second page of your article, and if you would 3 with that article, and then you just tell me when 3 look at the - read to yourself the fourth and 4 you are ready. 4 fifth paragraph, and you tell me - 5 A Well, go ahead and ask me questions 5 A On page 2? 6 about it, because 1just vaguely remember writing 6 Q Yes, sir. And when you are done, 7 this. 7 Mr. Pendergrass, please let me know. 8 Q Okay. Now, let me ask you this: 8 A Okay. 9 Mr. Bradley, do you remember him being employed 9 Q Now, in these two paragraphs you 0 back in 1937 by the Bureau of Industrial Hygiene 1 0 indicate that when Mr. Bradley was employed by the 1 in -- with the Michigan Department of Health; do 1 1 Detroit Department of Health, he and Mr. Frederick 2 you remember that? 1 2 developed a toxicology laboratory -- 3 MR. HANNA: Objection. 13 A Yes. 4 A 1don't recall that. 1recall that he 14 Q --and in that laboratory they did -- 5 has, he has discussed that at times in just 1 5 and I'm going to read the quote -- "Private 6 general conversations, yes, 1was aware that he 1 6 studies involving tracheotomy, introduction of 7 had been there. 1 7 chemicals, free silica and asbestos into lungs 8 Q And do you recall him working during 1 8 were done and published"; do you see that? 9 that time period with a gentleman by the name of 19 A Yes. 0 Bill Frederick? 20 Q Do you recall Mr. Bradley disclosing 1 A I knew that Bill Frederick and Bradley 2 1 to you and having knowledge, in order to write 2 were there at Hanover Lab and Bill Frederick 2 2 this article, that Mr. Bradley, before he secured 3 remained there. 2 3 employment with American Cyanamid, was doing !4 Q And do you remember Mr. Bradley 2 4 animal studies with asbestos? !5 leaving the Department of Health and going to 25 A In a general way, yes. 47 49 i Fidelity and Casualty Insurance Company back in 1 Q Now, I'm going to represent to you, 2 the early '40s? 2 Mr. Pendergrass, that Mr Bradley, yeais ago. was 3 A Well, you say "do I remember it," I 3 deposed, and he testified that American Cyanamid 4 personally don't remember that, and 1know that 4 had one of the biggest industrial hygiene programs 5 this was a part of his past that 1became aware of 5 in the industry, and he was very proud lo be part 6 in discussions with Bill Bradley. 6 of that, and 1guess my question to you is: Would 7 Q And did he disclose to you during his 7 you agree with that statement, that when you were 8 employment with the insurance company that he 8 employed - 9 worked with Frank Patty? 9 A Yes. 0 A Yes. 10 Q - employed by American Cyanamid, it 1 Q And who is Frank Patty? 11 had one of the biggest industrial hygiene groups 2 A Frank Patty was head of industrial 1 2 in the industry? 3 hygiene for General Motors and the author of a 13 A Yes. 4 two-volume text "Industrial Hygiene and 14 0 And there were men that were 5 Toxicology." 1 5 affiliated with that program in industrial hygiene 6 Q Certainly well known in the area of 1 6 that were very talented and well respected in the 7 industrial hygiene? 17 industry? 8 A Yes. 18 A Yes. 9 Q And then was it your understanding 19 Q Including yourself? 0 that Mr. Bradley left the insurance company and - 2 0 A Yes. 1 Fidelity and Casualty and then came aboard with 2 1 Q Now, when you were employed by the -- 2 American Cyanamid? 2 2 American Cyanamid, do you remembei working with a 3 A 1think that's the order of his 2 3 gentleman by the name of James, and I assume it is 4 history. 2 4 pronounced "Rook" or "Rook," R-0-0 - 5 Q Now, if you would be so kind and take 25 A "Rook." Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 14 ( P a g e s 50 t o 53) 50 52 1 Q R -0-0 -- 1 techniques that became a Bible for process and 2 A "Rook." 2 design engineers. Bill Bradley was quick to 3 Q "Rook," R-O-O-K. 3 recognize when the people who worked for him had a 4 A Like the card game, Rook. 4 good idea." 5 MR. HANNA: Like the chess piece. 5 And my question to you is: Can you 6 MS. SAVIN1S: I gotcha. 6 tell me what this Bible or book that Mr. Andresen 7 Q Was he an industrial hygienist, part 7 developed during his employment with American 8 of corporate industrial hygiene, like yourself? 8 Cyanamid. what was that Bible or book used for? 9 A Yes. 9 A Bill had designed a number of 0 Q And do you remember a gentleman by the 10 different ventilating techniques for different .1 name of J. Brennan Gisclard? 11 pieces of processing equipment. It was primarily 2 A 1did not know him. He had left 12 an exhaust ventilation manual in which he had .3 Cyanamid before 1left. 13 many, many different --1don't recall how many -- 4 Q And did you know a gentleman by the 14 designs for different types of equipment. 5 name of William Anderson? 15 Q And it was my understanding that any 6 A Andresen. 16 time American Cyanamid was changing a facility or 7 Q Andresen, do you remember him? 17 adding on to a facility, somebody from industrial 8 A Yes. 18 hygiene would be involved so that American 9 Q And, actually, 1want you to hold on 19 Cyanamid could be assured that proper ventilation 0 to that original article that you have because I'd 20 was used? 1 like you to look at a section of this article 21 A That's correct. :2 where you reference Mr. Andresen, and I'm going to 22 Q Because why, why did Mr. Andresen :3 find it for you in one second. 23 create this Bible and why was it important to you 4 A Okay. 24 as a member of industrial hygiene? 5 MS. SAVIN1S: Just go off the record 25 A Well, he created it because he saw a 51 53 1 one moment, please. 1 need for this sort of information. He compiled it 2 THE VIDEO OPERATOR: We are off the 2 into a manual, into a book, and this was 3 record. 3 distributed --because all of us had copies of it, 4 (Recess taken.) 4 1still have a copy of it --and to the 5 MS. SAV1NIS: We can go back on the 5 engineering people in the company, and could refer 6 record. 6 to such-and-such a page, or part of it, and then 7 THE VIDEO OPERATOR: We are back on 7 the type of ventilation, and it would be effective 8 the record. 8 for a particular piece of equipment. 9 BY MS. SAV1NIS. 9 Q But can you and I agree, 0 Q Mr. Pendergrass, if you would go to 10 Mr. Pendergrass, that the long and short of it was 1 the last page of your article - 11 you wanted to protect workers with engineering 2 A All right. 12 controls? 3 Q - and if you would read, first, to 13 A That's correct. 4 yourself the second full paragraph and let me know 14 Q Now, I understand that Mr. Rook, 5 when you are done, okay, starting "A number of us 15 Mr. Andresen, you, Mr. Bradley, were all corporate 6 have enjoyed." 16 industrial hygienists. Were there any -- 7 A Yes. 17 A There was also McHenry. 8 Q Read that and tell me when you are 18 Q That's who I'm looking for - 9 done. 19 A He was an industrial hygienist, also. 0 A Okay. 20 Q --Mr. McHenry. :l Q You are talking about Mr. Andresen, 21 Are there any other individuals you 2 he was another one o f the industrial hygienists, 22 want to add to this list? :3 just like yourself, and you note in this article 23 A Of the corporate staff, that was it 4 the following: "He," meaning Mr. Andresen, 24 while I was there. :5 "created a book of engineering drawings of control 25 Q Okay. Is McHenry, if you know, Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 15 ( P a g e s 54 t o 57) 54 56 1 Mr. Pendergrass, is he living today? 1 the question. It assumes that they were 2 A No, he is not. 2 using it as a filter at Lederle. 3 Q Everybody that you worked with who was 3 Go ahead and answer the question, sir. 4 an industrial hygienist at American Cyanamid, 4 A Now I'm sort of lost on the question. 5 corporate industrial hygienist, is deceased today; 5 Sorry. 6 correct? 6 Q That's okay, Mr. Pendergrass. 7 A No, Mr. Andresen and I are still 7 You had mentioned asbestos being used 8 kicking around. 8 as a filler in pharmaceuticals. 9 Q Oh, 1forgot, Mr. Andresen. 9 My question to you, were workers .0 Can you tell me, did you speak to 10 advised to wear a mask or respirator when using 1 Mr. Andresen about this case or your deposition 11 asbestos for a filler in pharmaceutical 2 today? 12 production? 3 A No. 13 MR. HANNA: Objection, at Lederle are .4 Q Now, you told me that you recalled 14 we talking, or are we talking about the place 5 Dr. Golz taking over as the medical director while 15 in Texas? 6 you were there, shortly after you began your 16 MS. SAVIN1S: You heard my question. .7 employment with American Cyanamid, and 1want to 17 A I wouldn't know. It would depend on 8 ask you about some other physicians. Do you 18 what the potential exposure was. In addition to 9 remember Dr. Robert Clyne, C-L-Y-N-E? 19 that, there was a resident industrial hygienist at :0 A Yes, yes. 20 Lederle. :i Q And what position did he hold? 21 Q And so what does that mean? :2 A I don't know the exact title, but he 22 A It means what I said. :3 was essentially an associate medical director. 23 Q Well, does it mean that the industrial :4 Q Did he work under Dr. Golz? 24 hygienist that was at Lederle would be the person !5 A Yes. 25 that would tell the employees to wear or not wear 55 57 1 Q How about Dr. James Clarkin, 1 a respirator? 2 C-L-A-R-K-I-N? 2 A If it were necessary, it would be up 3 A 1don't remember him. 3 to him, yes. 4 Q Dr. John Marchand, M-A-R-C-H-A-N-D? 4 0 At that time, when you were employed 5 A I don't remember him. 5 by American Cyanamid, were there masks or 6 Q Dr. Arthur Mangelsdorff, 6 respirators that could prevent workers from having 7 M-A-N-G-E-L-S-D-O-R-F-F? 7 an exposure to asbestos? 8 A No. 8 A You mean just generally were they 9 Q Can you tell me, when you went to the 9 available on the market? 0 Lederle Lab, was there a plant physician? 10 Q Yes, th a t- 1 A 1would suspect that there was, but 1 11 A Is that what you are asking? 2 can't recall and I don't know that 1ever met him. 12 Q Yeah, if Amer-- did --could 3 I can't recall for sure. 13 American Cyanamid purchase masks or respirators 4 Q At the Lederle Lab facility, did they 14 for workers who were working with or around 5 perform chest x-rays on their workers? 15 asbestos that would have protected them? 6 A That I don't know. 16 MR. HANNA: Objection, go ahead. 7 Q Do you know if they performed 17 A There were such respirators on the 8 breathing studies? 18 market. Lederle could have purchased them, if 9 A I don't know what the details of the 19 they wanted to. 0 physical examinations would have been. 20 Q Okay. Now, I'm going to ask you if 1 Q Okay. Do you know if they were using 21 Lederle --excuse me, if American Cyanamid was 2 asbestos as a filter, as you described, w hether 22 involved in the plastics industry. 3 workers were urged to wear a mask or respirator 23 A I'm sorry, were you asking me whether 4 then? 24 Lederle was a part of the plastic industry -- 5 MR. HANNA: 1object to the form of 25 Q I apologize. I - Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 16 (Pages 58 to 61) 58 60 1 A --or Cyanamid? 1 The second paragraph begins with the 2 Q American Cyanamid. 2 word "asbestos," and the third paragraph begins 3 A Yes, they were. 3 with the word "it," and just take your time, and 4 Q And American Cyanamid had divisions 4 please let me know when you are done. 5 that were involved in plastics; correct? 5 A Okay. 6 A That's correct. 6 Q And if you look at the very front 7 Q Did American Cyanamid use asbestos in 7 page, it is noted that, "At this point in time 8 connection with the production of plastics? 8 Mr. Bradley was employed by American Cyanamid." 9 MR. HANNA: Objection. 9 and he talks about in these two paragraphs that 0 A 1 don't recall it. 10 you read about asbestos being used as a filler, 1 Q I'm going to have Mike show you an 11 the disease process asbestosis, and threshold 2 article that was published by Mr. Bradley in 12 limit values for asbestos; is that true? 3 1951. 13 A That's true. 4 MS. SAV1N1S: And, Mike, that is going 14 Q And if you would be so kind and flip 5 to be Exhibit No. 19. 15 to the next page under the heading "Highlights of 6 Q And I'm going to represent to you, 16 Process Control," and if you go halfway down that 7 Mr. Hanna, you have seen this document before. 17 first paragraph, the following is noted: "The use 8 MR. HANNA: Was that in the Gramling 18 of fillers in the form of dust should be done with 9 deposition, Janice? 19 care to avoid inhalation of the dust, particularly 0 MS. SAVIN1S: Correct. 20 those containing free silica or asbestos." Do you 1 MR. HANNA: Thank you. 21 see that? 2 MS. SAVIN1S: Sure. 22 A Yes. 3 MR. HANNA: Thank you, Mike. 23 Q And, finally, if you flip to the very 4 MR. ROBB: Sure. 24 last page, page 11, an individual who attended the 5 BY MS. SAVIN!S: 25 presentation asked Mr. Bradley the following 59 61 1 Q This is an article by Mr. Bradley in 1 question: "From the standpoint of industrial 2 the Society of the Plastics Industries, and it 2 hygiene, what are the most serious problems to 3 was --a copy of this report was presented at a 3 consider in the field of reinforced plastic?" And 4 meeting back in 1951. 4 could you read Dr. Bradley's answer? 5 MR. HANNA: 1think it's --is it '51, 5 A After 1find the question, yeah. 6 Janice? It says '53 at the top of this 6 Q It is the very last question on the 7 article, that's why. 7 last page, page 11. 8 MS. SAVIN1S: Well, if you look at the 8 A Okay, gotcha, yes. Go ahead. 9 typed --under the heading the meeting -- 9 Q Can you read it out loud? 0 MR. HANNA: Is this 22? 10 A Yes, Mr. Bradley knew about it, "From 1 MS. SAVINIS: --the meeting was 11 a standpoint of industrial hygiene, what are the 2 conducted in 1951, but this publication -- 12 most serious problems to consider in the field of 3 MR. HANNA: Okay, I'm sorry. 13 reinforced plastics?" 4 MS. SAVINIS: -- was in 1953. 14 "It is my opinion," this is 5 MR. HANNA: Okay. Thank you. 15 Mr. Bradley, "it is my opinion that the most 6 BY MS. SAVINIS: 16 serious health exposure problem in the reinforced 7 Q I'm going to ask you, first of all, 17 plastics industry is the opportunity for intermit 8 Mr. Pendergrass, have you ever seen this article? 18 ventilation with toxic dust and vetters." 9 A No. 19 Q Now, American Cyanamid was in the 0 Q And 1can represent to you that in 20 reinforced plastic business; correct ? 1 this article, that Mr. Bradley talks about 21 A The --I don't recall that they were 2 asbestos being used as a filler in the plastics 22 in th e -- w ell, som eone is going to have to define 3 industry, and I'm going to refer you to page 7 of 23 what reinforced plastics is. They were in the 4 that article and ask you to look at the first and 24 plastics business, but 1don't think that that was 5 second full paragraph. 25 the sort of business that is being discussed here. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 17 ( P a g e s 62 t o 65) 62 64 1 Q So you think Mr. Bradley was 1 thought maybe that would help refresh his 2 discussing this as an American Cyanamid employee 2 recollection, but if it doesn't, no big deal. 3 about some other industry, he wasn't speaking 3 BY MS. SAVIN1S: 4 about American Cy- - his involvement with 4 Q Just tell me, Mr. Pendergrass, what 5 American Cyanamid and their involvement with 5 facilities that American Cyanamid owned and 6 reinforced plastics? 6 operated that were in the plastic divisions that 7 MR. HANNA: Objection. If you know, 7 you visited. 8 go ahead. 8 A Well, the one that comes to mind was 9 A Well, it seems to me from what little 9 in Wallingford, Connecticut, which made melamine 0 1have read of this that Mr. Bradley had been 10 for - melamine for dishes, and 1don't recall 1 asked to participate in a program for the 11 there being any asbestos there. 2 reinforced plastic industry, and he gave this very 12 MS. SAV1N1S: Okay. Can we just go 3 general discussion of reinforced plastics and 13 off the record for one second? 4 possible health hazards and control measures. I 14 MR. HANNA: Sure. 5 don't think he was saying that --necessarily that 15 THE VIDEO OPERATOR: We are off the 6 this was the experience from American Cyanamid. 16 record. 7 Q Well, based on your experience with 17 (Recess taken.) 8 American Cyanamid in their plastic division, did 18 MS. SAV1NIS: Let's go back on the 9 they use asbestos, to your knowledge, as a filler? 19 record. 0 A To my knowledge, no. 20 THE VIDEO OPERATOR: We are back on 1 Q Did you visit any of the plastic 21 the record. 2 facilities? 22 BY MS. SAVINIS: :3 A Yes. 23 Q Mr. Pendergrass, we went off the 4 Q And where did you - what facilities 24 record, and I showed you a deposition transcript 5 did you visit, and certainly if you want to look 25 for a depo that you did on January 29th, 1992, in 63 65 1 at that one exhibit that lists the plants or the 2 divisions, 1 invite you to do so. 3 A 1 don't know that the plants -- 4 MR. HANNA: I think they are. Let me 5 just see here. 6 Are the plants listed on there, 7 Janice? I just don't-- 8 MS. SAVIN1S: Yeah, they are listed. 9 MR. HANNA: 1 see it's - can you tell 0 me where, just to save time? 1 MS. SAV1N1S: 1think they all list 2 the plants. Every division is listed, and 3 under every division the plants are listed. 4 MR. HANNA: Okay, wait a minute. 5 Q Or certainly, Mr. Pendergrass, you can 6 tell me based on your own knowledge what 7 facilities that you visited that American 8 Cyanamid - 9 MR. HANNA: Well, let me -- if you 0 want to point him to something in there, just 1 tell him where it is at. 1 mean, 2 otherwise --1just don't see it, Janice, and 3 1 don't know that he sees it, but -- 4 MS. SAVIN1S: That's fine. Let him 5 testify, then, to his own recollection. I 1 the Circuit Court Third Judicial Circuit of 2 Illinois, Madison County, and I asked you to 3 review pages 37 to 41. 4 And on page 37 you were asked the 5 question, "Did you know that prior to my comment 6 now that American Cyanamid was a manufacturer of 7 asbestos-containing products," and you responded. 8 "I don't recall. It would not have been unusual 9 for asbestos to be used as a filler material in 10 plastics." Do you see that? 11 A Yes, yes. 12 Q So back in 1992 you recalled asbestos 13 being used as a filler material in plastics, and 14 then the lawyer asked you a series of questions 15 about your employment, and then, finally, on 16 page 41 you state, "As 1said with a regard to 17 American Cyanamid, asbestos was used as a filler 18 material as component of different products that 19 were manufactured." 20 And my question, do you recall, after 21 looking at this transcript, that you have a 22 recollection of American Cyanamid utilizing 23 asbestos as a filler in the manufacturing of their 24 plastics? 25 A No, I don't. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 18 ( P a g e s 66 t o 69) 66 68 1 Q Okay. Fair enough. 1 New Jersey corporate headquarters, did they have a 2 Now, when you were employed by 2 library there? 3 American Cyanamid, you had already been a diplomat 3 A Did who have a library? 4 of the American Academy of Industrial Hygiene; 4 Q American Cyanamid. 5 correct? 5 A 1can't speak for the company , 1can't 6 A Before 1went to Cyanamid, no. 6 tell you that the medical department did, yes. 7 Q During your employment with 7 Q Did you have access to a library as a 8 American Cyanamid, you were a diplomat of the 8 corporate industrial hygienist? 9 American Academy of Industrial Hygiene? 9 A Yes. .0 A Yes, during that time. 10 Q And where was that library located? .1 Q And did the Academy of Industrial 11 A It was physically located in the same .2 Hygiene have publications? 12 area as our offices, in the medical department. .3 A No. 13 Q So would that be at the Wayne, .4 Q No publications? 14 New Jersey facility? .5 A Not that 1 recall. 15 A Yes. .6 Q Did you attend meetings? 16 Q And can you tell us what type of .7 A The Academy was the people who had 17 publications that you had access to as a corporate .8 been certified industrial hygienists by the 18 industrial hygienist by going to the American .9 American Board of Industrial Hygiene. 19 Cyanamid library? !0 Q And while you were employed by 20 MR. HANNA: Objection. !1 American Cyanamid, more specifically in June of 21 A No, I can't recall. !2 1963, you became a certified industrial hygienist; 22 Q Now I'm going to show you Answers to !3 correct? 23 Interrogatories that were provided by Mr. Hanna's !4 A That's correct, yes. 24 client. !5 Q And you were a member of the 25 MS. SAVINIS: And those 67 69 1 American Industrial Hygiene Association; correct? 1 Interrogatories, Mike, are Exhibit No. 30. 2 A Yes. 2 Q And I'm going to ask you to look at 3 Q Did they have any journals or provide 3 Interrogatory No. 19; okay? 4 any literature to you? 4 MR. ROBB: Here you go. 5 A The American Industrial Hygienist 5 MR. HANNA: Thank you, Mike. 6 Association published ajournai, yes. 6 MR. ROBB: You are welcome. 7 Q And you received that journal as a 7 MS. SAVINIS: You tell me when you are 8 member? 8 done. 9 A Yes. 9 THE WITNESS: All right. 0 Q And did you review that journal? 10 BY MS. SAVINIS: 1 A Yes. 11 Q In Interrogatory No. 19 the defendant 2 Q Did you ever publish in that journal? 12 in this case indicated that the periodicals that 3 A Yes. 13 were available to them were as follows, the 4 Q Now, at American Cyanamid, 1assume 14 Journal of the American Industrial Hygiene 5 they had libraries? 15 Association, the Journal of Occupational Health, 6 A Yes. 16 and the Journal of the American Medical 7 Q Was there a library at the Pearl River 17 Association. Do you see that? 8 facility? 18 A Yes. 9 A That I can't say for sure, 1don't 19 Q Now, reflecting back on your 0 know. I would think so. 20 experience at the library in Wayne, New Jersey, 1 Q I apologize. 1didn't hear your 21 do you recall these specific journals being 2 answer. 22 available to people like yourself? 3 A I said 1can't say positively, but I 23 A Well, 1, as an individual, received 4 would suspect that they did. 24 the Journal of the American Industrial Hygiene 5 Q Okay. When you were at the Wayne, 25 Association. The Journal of Occupational Health Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 19 (Pages 70 t o 73) 70 72 1 and JAMA would have gone to the physicians. I 1 Q And the corporate industrial hygiene 2 have no reason to believe that I couldn't have had 2 department and the corporate medical department 3 access to them, if I wanted to. 3 would have had that same knowledge; correct? 4 Q And I'm assuming, would this be 4 A Yes. 5 accurate: In light of the fact that you were a 5 Q And can you tell us, be so kind to 6 young industrial hygienist and you were working 6 tell us, what the threshold limit value was for 7 for a large corporation, that you did visit the 7 asbestos while you were employed by American 8 library? 8 Cyanamid? 9 A Are you asking did I ever visit the 9 A Five million particles per cubic foot 0 library, is that your question? 10 of air. 1 Q Yeah, to read journals. 11 Q And would you be so kind, 2 A Yes, I did. 12 Mr. Pendergrass, and tell us, while you were 3 Q Pardon me? 13 employed by the - American Cyanamid, what entity 4 A Yes, yes. 14 was setting forth the threshold limit values? 5 Q Okay. Fair enough. 15 A The threshold limit values were a 6 Do you know, who was the chief 16 publication of the American Conference of 7 librarian or the main librarian at the facility in 17 Governmental Industrial Hygienists. 8 New Jersey that you referenced? 18 Q And were you ever a membei of the 9 A Again, you are talking about the 19 American Conference of Governmental Industrial 0 corporate library. 20 Hygienists? 1 Q You are correct. 21 A When 1was assistant secretary of 2 A No, 1 don't know. 22 labor for OSHA, yes, I was. 3 Q Doctor --or excuse me, 23 Q And were you not also a member of that 4 Mr. Pendergrass, when you were employed by 24 organization when you were employed by the 5 American Cyanamid, you were intimately familiar 25 Tennessee Valley Authority? 71 73 1 with threshold limit values; correct? 1 A 1don't think so. 2 A Yes. 2 MS. SAV1NIS: If we can just go off 3 Q And can you tell us in simple terms, 3 the record for a moment. 4 as an industrial hygienist, what are threshold 4 THE VIDEO OPERATOR: We are off the 5 limit values? 5 record. 6 A Threshold limit values are those 6 (Recess taken.) 7 concentrations of a substance to which a person 7 MS. SAV1NIS: Back on the record. 8 can be exposed eight hours a day, five days a 8 BY MS. SAV1NIS: 9 week, for a working lifetime without suffering ill 9 Q Mr. Pendergrass, 1showed you a 0 health, that is the goal of them. 10 deposition transcript from August 21st, 2001, and 1 Q But does that mean a person could be 11 I asked you if you could look on page 23, and the 2 exposed and get sick still? 12 question was. "Was there a period of time when you 3 A If you exceeded the threshold limit 13 were a member of the American Conference of 4 value for a sufficient length of time, yes. 14 Governmental and Industrial Hygienists," and you 5 Q Could there be individuals who did not 15 answer "Yes." 6 exceed the limit but still developed disease? 16 And then the next question was. "When 7 MR. FLANNA: Objection. 17 was that?" And could you read your answer? 8 A The threshold limit values are based on 18 A "When 1worked for the Tennessee 9 the general population. Can there be exceptions; 19 Valley Authority, I'm pretty sure that 1was a 0 yes. 20 member of ACG1H at that time and, again, when 1 1 Q Now, when you were employed by 21 was assistant Secretary of Labor for OSHA." 2 American Cyanamid, you are aware, are you not, 22 O Now, looking at this deposition 3 that there was a threshold limit value for 23 transcript, does it refresh your recollection that 4 asbestos? 24 you may have been a member of the ACG1H when you 5 A Yes. 25 were employed by the Tennessee Valley Authority? Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 20 ( P a g e s 74 t o 77) 74 76 1 A 1think that was probably an error at 1 THE WITNESS: Oh, thank you. 2 that deposition. 2 MR. ROBB: You are welcome. 3 Q Okay. So you think the only time you 3 BY MS. SAVIN1S: 4 were a member of the ACG1H was when you were 4 Q And on the top of page 4, in the first 5 employed by the government? 5 full paragraph, you reference "In 1946 the 6 A 1think that's correct. 6 American Conference of Governmental Industrial 7 Q Okay. However, the key thing is when 7 Hygienists set forth the TLV for asbestos," and 8 you were employed by American Cyanamid, you were 8 I'm directing your attention to the very last 9 aware of the threshold limit value for asbestos; 9 paragraph, more specifically your statement, .0 correct7 10 quote, "In evaluating asbestos levels in work .1 MR. HANMA: Objection. 11 areas, it is necessary to obtain air samples by 2 A That's correct 12 either midget impinger or with filters. Analysis .3 0 And can you tell us when the ACGIH 13 is by optical microscopic counting." Do you see 4 first set a threshold limit value for asbestos? 14 that? .5 A The first threshold limit value 15 A Yes. 6 publication was 1946. 16 Q Would this be accurate, .7 Q And that included asbestos? 17 Mr. Pendergrass, as an industrial hygienist, in .8 A I'm sure it did 18 order to determine if there --if an individual or .9 Q Now, Mr. Bradley and Mr. Andresen, 19 a worker is being exposed beyond --an individual :o two industrial hygienists just like yourself, 20 is being exposed beyond the threshold limit value, !1 indicated that they relied on the threshold limit 21 you have to do air sampling? !2 values, and Mr. Andresen actually testified that 22 A Yes. Go ahead. !3 every year while he was employed by American 23 Q Is that true? !4 Cyanamid, American Cyanamid provided him with 24 A Are you asking me whether this !5 copies of the threshold limit values. 25 statement here is true? 75 77 1 So my first question to you is when 1 Q In order to determine whether a worker 2 you were employed by American Cyanamid, do you 2 has an exposure beyond the threshold limit value, 3 recall them providing, your employer, providing 3 you as an industrial hygienist do air sampling? 4 you with the threshold limit values set forth by 4 A That's right. 5 the ACGIH? 5 Q And when you were an industrial 6 A That's correct. 6 hygienist back at American Cyanamid, was it 7 Q And can you and 1agree that during 7 possible to do air samples by midget impinger? 8 that time period as an industrial hygienist, you 8 A Yes. 9 would rely on those threshold limit values? 9 Q Was it possible to do air sampling 0 A Yes. 10 with filters? 1 Q Now I'm going to ask Mike to show 11 A At that time 1don't believe so. 2 you - before Mike walked in the room, I had 12 Q Okay. You think the only way to do 3 referenced an article --or not an article, a 13 air samples at that point in time was by the 4 report that you had prepared in Allegheny County 14 impingers? 5 asbestos litigation, and we are going to pull that 15 A Yes. I'm trying to remember when the 6 out. 16 filter technique came in. It could have been 7 MS. SAV1NIS: And, Mike, that is - 17 then, but I think the more frequent thing would 8 let me get you the right --it is Exhibit 18 have been to use an impinger sampler. 9 No. 9. 19 Q And if American Cyanamid would do 0 Q And I'm going to direct your attention 20 asbestos air sampling, they would have used the 1 and counsel's attention to page 4. 21 midget impinger? 2 MR. H ANNA: Thank you. 22 A Probably so, yes. 3 MS. SAV1N1S: Sure. 23 Q I'm going to have Mike also show you 4 MR. HANNA: Thanks, Mike. 24 Exhibit No. 24, and this was an article that was 5 MR. ROBB: You are welcome. 25 published in the American Industrial Hygiene Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 21 ( P a g e s 78 t o 81) 78 80 1 Quarterly in March of 1953, and it is entitled, 1 Take your time. When you read the 2 quote, "A Simple Device for Air Analysis." 2 whole paragraph, let me know. 3 A Okay. 3 MR. HANNA: Beginning with - Janice. 4 Q And can you tell us who the authors of 4 are we talking about beginning with 5 the article were? 5 "historically" on the second page? 6 A Gisclard, Rook, Andresen and Bradley. 6 MS. SAVIN1S: I'm talking about 7 Q The individuals that you identify - 7 page 5, "in 1964." 8 and it is noted on here that all of these 8 MR. HANNA: Okay. Thank you. Thank 9 individuals back in 1953 were employed by 9 you. 0 American Cyanamid. 10 MS. SAV1NIS: Sure. 1 A That's correct. 11 MR. HANNA: Page 5. 1think it is the 2 Q Did you have any participation - you 12 second paragraph on page 5. 3 weren't employed yet, correct, by American 13 A Okay. 4 Cyanamid? 14 Q Now, you state in your report, quote, 5 A N o t- - no, not in 1953. 15 "In 1964, Dr. Irvin Selikoff and colleagues 6 Q Did you ever have an opportunity to 16 reported on their study of insulation workers. 7 review this article as an employee of American 17 many of whom had been shipyard workers and exposed 8 Cyanamid? 18 to amosite asbestos during the Word War 11period. 9 A I don't recall seeing it before. 19 Dr. Selikoffreported that there was a link 0 Q Fair enough. Thanks. 20 between asbestos exposure and lung cancer" 1 Did you ever author any articles on 21 And you were at Dr. Selikoffs 2 air sampling in general? 22 presentation; correct? 3 A Yes. 23 A That's correct. 4 Q And can you tell me when you did that? 24 Q So this is in April of 1964, so al 5 A That was probably sometime after 25 this time you are an employee of American 79 81 1 1960. 1don't remember the exact date. 1 Cyanamid; correct? 2 Q Okay. And what was --taking air 2 A Yes. 3 samples for what, or what were you telling the 3 Q Now, I want to ask you --and I'm 4 reader about? 4 going to have Mike show you an article. No. 33. 5 A Chlorine. 5 and I'm going to represent to you that that 6 Q Do you think at that point in time you 6 article that Mike just handed you is and was 7 were employed by American Cyanamid, or were you 7 published in 1960 in the British Journal of 8 already at 3M? 8 Industrial Medicine by Dr. Wagner, W-A-G-N-E-R. 9 A No, that was at Cyanamid. 9 and the title is "Diffuse Pleural Mesothelioma and 0 Q It was at Cyanamid? 10 Asbestos Exposure in Northwestern Cape Province." 1 A Yes. 11 and my first question to you is, are you familiar 2 Q So if we looked - 12 with that article? 3 A Yes. 13 A Yes. 4 Q Okay. Do you think you have a copy of 14 Q And are you aware in 1960 Dr. Wagner 5 that article at your home? 15 made a link between asbestos exposure and the 6 A 1don't really know whether I do or 16 disease as- --and the disease mesothelioma? 7 not. 17 MR. HANNA: Objection, objection to 8 Q Okay. Fair enough. 18 the form of the question, assumes facts not 9 A I'm retired. 1don't keep a lot of 19 in evidence. :0 this stuff. 20 Q Mr. Pendergrass, are you aware that 1 Q Okay. I'd like to refer you, again, 21 Dr. Wagner made a link between asbestos exposure 2 Mr. Pendergrass, to your Allegheny County report 22 and mesothelioma in this 1960 article? 3 and ask if you'd be so kind to look at paragraph 23 MR. HANNA: Same objection. I believe 4 No. 5, and more specifically, the second paragraph 24 the article was limited to crocidolite, but 5 when you discuss Dr. Selikoff. 25 go ahead, Doctor. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 22 ( P a g e s 82 t o 85) 82 84 1 MS. SAVINIS: M r.- 1 you and 1agree that industrial hygienists accept 2 MR. HANNA: I'm sorry, yeah, Mr. 2 the proposition that mesothelioma is caused by 3 THE WITNESS: Everybody get to say - 3 asbestos exposure? 4 MR. HANNA: We are on a roll here. 4 A That asbestos and other things can 5 THE WITNESS: Thank you for the 5 lead to mesothelioma. 6 promotion. 6 Q Okay. Can you tell me what other 7 MR. HANNA: You are welcome. 7 things cause mesothelioma based on your work 8 THE WITNESS: I'll raise my fee. 8 experience as an industrial hygienist? 9 A This is a report of the case studies 9 A Well, there have been a number of 0 that Dr. Wagner made on a group of people in 10 different things that have been proposed, one of .1 South Africa who were exposed to various 11 them even the Salk vaccine, but the other aspect 2 amounts --in his belief exposed to various 12 is, of course, that there have been cases of 3 amounts of asbestos from the area in South Africa. 13 idiopathic mesothelioma. 4 As I recall, this was the first 14 Q And "idiopathic" means no known cause? 5 publication of a link --or establishing some link 15 A Correct. 6 between mesothelioma and asbestos. 16 Q Above and beyond there being no known 7 Q Mr. Pendergrass, when you were 17 cause for a person's mesothelioma or the Salk 8 employed by American Cyanamid, were you familiar 18 vaccine, are you aware, as an industrial 9 with Dr. Wagner's findings that he raised the 19 hygienist, of any other causes of mesothelioma? :0 possible link between asbestos exposure and 20 MR. HANNA: Object to the form. I :l mesothelioma? 21 don't know that he necessarily said the Salk !2 MR. HANNA: Object to the form. 22 vaccine causes it, Janice. !3 A I don't - 1can't say when 1first 23 But go ahead, if you can answer the '4 became aware of this publication. 24 question. !5 Q Doctor --or Mr. Pendergrass, can you 25 A Well, if that was implied, 1did not 83 85 1 and I agree that whether we are talking about 1 want that. 1 said it has been one of the things 2 asbestosis, asbestos-related lung cancers, or 2 that has been alleged to have caused mesothelioma, 3 mesothelioma, these diseases have a long latency 3 along with ionizing radiation is another one. 4 period? 4 None of these have been established, certainly not 5 A The latency period is certainly true 5 with the --no, 1don't want to use the word 6 for asbestosis. I don't know what the latency 6 "certainty" --with the confidence that asbestos 7 period is for mesothelioma or lung cancer. 7 has been. 8 Q Do you think it is longer - or excuse 8 Q You would agree, Mr. Pendergrass, that 9 me, or shorter than 15 years for meso? 9 you accept the proposition that mesothelioma can 0 MR. HANNA: Objection. 10 result from asbestos exposure? 1 A I don't know. 11 A 1 agree with that. 2 Q Can you tell us, based on your 12 Q And by far, the majority of the cases 3 experience as an industrial hygienist, how many 13 of mesothelioma result from asbestos exposure? 4 fibers of asbestos an individual must breathe 14 A I'm not sure of that. 5 before they develop mesothelioma? 15 Q Did you know that when you were 6 A No, I can't, no. 16 employed by American Cyanamid? 7 Q Pardon me? 17 A No, because that had not come to the 8 MR. HANNA: Objection. Go ahead, 18 forefront that it did just a few years later. 9 sir. 19 Q While you were employed by American 0 A No, 1can't. 20 Cyanamid, you knew that asbestos could cause 1 Q You are not aware of a known or 21 lung cancer? 2 defined response threshold for meso; are you? 22 MR. HANNA: Objection. 3 MR. HANNA: Objection. 23 A 1 knew that asbestos could cause 4 A No. 24 asbestosis. I'm not sure that 1would have 5 Q And, Doctor - Mr. Pendergrass, can 25 included lung cancer with that at the time, no. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 23 (Pages 86 t o 89) 86 88 1 Q You went to the Selikoff proceeding? 1 A If you are talking about working in a 2 A Well, that was in 1964, and I went to 2 dusty atmosphere or in an atmosphere of toxic 3 3M Company in 1964 - 3 materials, yes. and there would be facilities for 4 Q When did you go - 4 people to shower and change clothes, and that 5 A -- so this was a very close date. 5 would be supervised. 6 Q Do you know if it's --do you know if 6 Q And that was known in industrial 7 it's - 7 hygiene; correct? 8 A 1think 1went in May, in May of 8 A Yes. 9 '64 - 9 Q Do you know if American Cyanamid 0 0 And you -- 10 produced any writings that they gave to their 1 A So it was within a month. 11 employees that would say to the effect, "Do not 2 Q And you testified that Dr. Selikoffs 12 take home your dusty work clothes, l ake a shower 3 presentation was in April o f '64? 13 here and do not expose your family to your work 4 A Yes, I didn't --it is dated here 14 clothes"? 5 sometime, but, yes, 1attended the meeting in 15 A 1 don't know that, no. 6 Philadelphia in 1964 as an employee of American 16 Q Did American Cyanamid launder their 7 Cyanamid. 17 workers' clothing, and 1mean people that worked 8 Q Thank you. 18 in the plant? 9 A However, 1went to 3M shortly after. 19 A In some plants, yes, and I don't know 0 MR. HANNA: Go ahead, finish your 20 if they did in all the plants. 1 answer, sir. 1don't know if she got it. 21 Q Do you know if at the -- 2 THE COURT REPORTER: I did. 22 A 1don't know. 3 MR. HANNA: Did you get that, Terri? 23 Q --if at the Lederle facility that 4 Did you get the last part of his answer? 24 American Cyanamid laundered the workers'clothing? 5 THE COURT REPORTER: Yeah, 1got 25 A That 1don't know. 87 89 1 "However 1went to 3M shortly after." 1 Q Doctor, can you tell us, whether we 2 MR. HANNA: Thank you, Terri. 2 are talking about Pennsylvania, New Jersey, or 3 THE COURT REPORTER: Sure 3 New York, the first time those three states 4 MR. HANNA: No problem. 4 recognized asbestosis as a compensable injury 5 BY MS. SAV1NIS: 5 under the applicable workers' compensation 6 Q Now, doctor - 6 statutes? 7 MR. HANNA: 1 didn't know whether she 7 MR. HANNA: Objection. 8 got you or not. Go ahead. It is just 8 A 1 don't know. 9 difficult with the court reporter there. 9 Q Doctor,can you and I agree that 0 Q At American Cyanamid at the Lederle 10 workers' compensation claims are an indication of 1 plant, were there shower facilities? 11 what experience a company has regarding health 2 A 1can't say for sure. 1would think 12 hazards? 3 so. yes. 13 A It is one measure, yes. 4 Q Were there shower facilities at the 14 Q Doctor, you --Mr. Pendergrass, you 5 American Cyanamid plants that you visited? 15 previously testified that an employer has the 6 A Some of them, yes. 16 responsibility to know what laws apply to them and 7 Q Now, 1know you might not be able to 17 the employer has a responsibility to provide a .8 do this, and you tell me if you can't, 1want you 18 safe and healthy workplace, and do you stand by 9 to think back while you were employed by American 19 that today? !0 Cyanamid, did you have knowledge as an industrial 20 A Yes. !1 hygienist that workers should not take home 21 Q And in regard to an employer's :2 clothes that have toxic dusts on them because 22 obligation, an employer has the obligation and the 3 they, the worker, can expose their family members 23 duty to test products that their workers are 14 to that dust by taking home those dusty clothing? 24 exposed to; do you agree with that? :5 MR. HANNA: Objection. Go ahead. 25 A I would have --when you say Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 24 ( P a ge s 90 t o 93) 90 92 1 "products," what are you --what are you referring 1 MS. SAVINIS: And I'm just asking him 2 to? Are you referring to raw materials or 2 to look at those. 3 finished products? 3 MR. HANNA: Note my objection. This 4 Q Both raw materials and finished 4 is about the fifth document that I haven't 5 products that the worker is exposed to. 5 had a copy of. 6 A No, they are not required to. 6 MR. ROBB: What's the date on the 7 I expect them to test every one of them. 7 front of that? 8 Q You would expect them to; correct? 8 MR. HANNA: It is - Mike, it is 9 A No. 9 January 29, 1992. .0 MS. SAVINIS: Okay. We are going to 10 MR. ROBB: That is it. You should 1 go off the record. 11 have it. 2 THE VIDEO OPERATOR: Okay. We are off 1 2 MR. HANNA: All right. Yeah. You 3 the record. 13 know what, 1will get it from here. You are 4 (Discussion held off the record.) 14 right. .5 MR. HANNA: Just let me note an 15 Take a look, doctor, and 1 will - 6 objection for the record, then, that this 16 what page is that, just so I know? .7 appears to be an incomplete deposition, 17 THE WITNESS: 40. 8 actually, it is just a cover page and it 18 MR. HANNA: 40, thank you. 9 appears to be three pages. 19 Thanks, Mike :o MS. SAVINIS: Well, Mr. Hanna, you 20 MR. ROBB: You are welcome. :i have the full transcript there so that you 21 Q It is pages 223 and 224. :2 could look at it. We previously looked at it 2 2 Mr. Pendergrass, it starts on line 17, "Whose :3 from that date. 2 3 obligation was it to test the products?" :4 MR. HANNA: Oh, I'm sorry, Janice, I 24 MR. HANNA: On the document that he :5 didn't know it was here. I'm sorry. 1 25 just handed him -- 91 93 1 didn't --hang on a second. 1 THE COURT REPORTER: Do you want this 2 MS. SAVINIS: I just wanted to pull 2 on the record? 3 those because it is easier. 3 MR. HANNA: Yeah, that's all right. 4 MR. HANNA: Okay. No problem, ljust 4 Janice, the document that Mike handed 5 didn't --1 didn't realize --I was not aware 5 us was page 40, just so you know. 6 that the whole transcript was here. 6 MS. SAVINIS: There might be two 7 MS. SAVINIS: Right. 7 sections under Q, Mike. It should begin with 8 MR. HANNA: Okay. So that's the Baker 8 page 223. 9 case? 9 MR. HANNA: This is pages 40 -- 0 MS. SAVINIS: That's right. 10 actually, it isjust 40,49 --40, 49, and 1 MR. HANNA: No, that's not it. No, it 11 50. 2 is not. It is a different case. It's a 12 MR. ROBB: I'm looking, Janice. 3 different caption. 13 MS. SAVINIS: Well, we got the big 4 MS. SAVINIS: Well, Mike has the whole 14 transcript, so if he could look at that, that 5 transcript. 15 would help. 6 MR. HANNA: I got it. I got it. 16 MR. HANNA: Sure, what page now do you 7 Okay. 17 want, Janice? 8 MS. SAVINIS: I just want to make it 18 MS. SAVINIS: Page 223. 9 faster and easier. 19 MR. HANNA: Okay. Anything else? 0 MR. HANNA: No, no, 1 understand. 20 MS. SAVINIS: 223 and 224. 1 Do you have a copy for me, Mike, of 21 Now, on the top those pages it is 2 this? 22 handwritten, it is page 223. 3 MR. ROBB: I don't. 23 MR. HANNA: Okay. All right. 4 MR. HANNA: You don't have a copy of 24 MS. SAVINIS: Line 17, "Whose 5 it? 25 obligation was it to test the product?" Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 25 ( P a g e s 94 t o 97) 94 96 1 MR. HANNA: I am not going to find it, 1 ready. 2 Janice. I'll tell you why, all these --on 2 MS. SAVINIS: Back - 3 this big transcript, all the pages are cut 3 MR. HANNA: Okay, Janice, you can ask 4 off the bottom. 1can't - oh, okay, I see 4 your questions. He's read the --he's read 5 where you are talking. Okay, 1got what you 5 the appropriate questions. 6 are talking about now, okay. 6 MS. SAVINIS: Thanks, Tom. 7 MS. SAVINIS: Fair enough. I 7 Q Mr. Pendergrass, I - 8 apologize, Tom and Mr. Pendergrass. 8 MS. SAVINIS: We are completely on the 9 MR. HANNA: No, don't worry about it. 9 video and the record. 0 I'm just trying to locate it. Hang on. 10 MR. HANNA: Please, go ahead. 1 223 and 224? 1 1 BY MS. SAVINIS: 2 MS. SAVINIS: Yes, sir. 12 Q Mr. Pendergrass, I showed you your 3 MR. HANNA: Okay. 1 3 deposition transcript from January of 1992 where 4 MR. ROBB: I'll take this. 1 4 you were specifically asked, "Whose obligation was 5 MR. HANNA: Yeah, take it, Mike, yeah. 1 5 it to test the product to determine whether or not 6 It is the wrong page, so take it. Go ahead. 1 6 it could be used safely, was it the worker who had 7 MR. ROBB: Thank you. 1 7 to work with it, was it his obligation9" 8 MS. SAVINIS: And, Tom, while you are 1 8 And you answered, "The employer has an 9 pulling those, would you also pull page 230? 1 9 obligation and always had an obligation to 0 MR. HANNA: Sure. Start here on the 2 0 determine what the conditions are in their 1 bottom of 222, that's where the question 2 1 workplace." 2 begins. 22 Question, "There is three people 3 230, okay. 2 3 involved here, there is the worker that has to mix 4 MS. SAVINIS: It begins, Tom, the 2 4 the product and actually apply it, the worker; 5 first sentence starts, "Certainly it was the 2 5 there is the employer that buys the product; and 95 97 1 employer's responsibility." 1 then there is the manufacturer that manufactures 2 MR. HANNA: Gotcha, okay, we will 2 and sells the product. Among those three, whose 3 start here. 3 obligation was it to determine whether the product 4 MS. SAVINIS: Thank you. And when he 4 could be used safely?" Your answer, quote, "The 5 has a chance to look at all three pages, let 5 primary responsibility always rests with the 6 me know. 6 employer." 7 MR. HANNA: Yeah. Well, we will begin 7 As you are answering another question, 8 with the first group. It will probably be 8 you state, quote, "Certainly it was the employer's 9 easier, Janice, and then I will give him the 9 responsibility for any product that they used to 0 page 230. 1 0 determine whether or not there was a problem with 1 MS. SAVINIS: Fair enough. 1 1 it, and one of the difficulties that manufacturers 2 You tell me when you are ready, 1 2 have in making that is they don't always know how 3 Mr. Pendergrass. 1 3 the product is going to be used or under what 4 THE WITNESS: Okay. Just - hold off. 1 4 circumstance it is going to be used." Would you 5 MS. SAVINIS: Hey, Tom, if you'd be so 1 5 stand by that testimony? 6 kind, I'd really like him to look at 230, 16 MR. HANNA: I'm going to object, 7 too, because it all jives together. 17 improper cross-examination. 8 MR. HANNA: All right. Okay. Let me 1 8 Go ahead, sir. 9 just look here. 19 A I would stand by it, yes. 0 MS. SAVINIS: Take your time. 20 Q Now, during your employment at 1 MR. HANNA: It looks like they are 2 1 American Cyanamid, did you have any knowledge 2 talking about --when you are done, let me 22 whether American Cyanamid had a consulting 3 know, Mr. Pendergrass, and I will give you 2 3 relationship with John Hopkins? 4 these other pages to look at, too. 24 A I don't know whether they did or not. 5 THE WITNESS: All right. 1think I'm 25 Q Do you know if American Cyanamid had a Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 26 ( P a g e s 98 t o 101) 98 100 1 consulting relationship with Yale Medical School? 1 MS. SAVINIS: Mr. Hanna, we will make 2 A I don't know. 2 it real simple, we are talking the TLV during 3 Q Doctor --or Mr. Pendergrass, are you 3 the relevant time period. 4 familiar with asbestos pipe covering? 4 MR. HANNA: Thank you. 5 A Yes. 5 A Okay. That makes it much easier. 6 Q And can you tell me, when you think of 6 Yes, you would be able - you would be 7 asbestos pipe covering, how would you describe it 7 able to have - you would be able to see dust, and 8 to somebody who has never seen it? 8 whether it is exceeding the threshold limit value, 9 MR. HANNA: Objection, he's not here 9 of course, depends on how long it is done and over 0 to testify as an expert. 1 0 what period of years. 1 But go ahead, sir. 11 Q And more -- 2 A Well, the pipe covering generally is 12 A This is not an acute situation. 3 in the shape of two half-moons, which then the 13 Q And more importantly, somebody would 4 size is appropriate to whatever the size pipe that 1 4 have to do air samples to determine what the 5 is being covered. They are placed on the pipe, 1 5 exposure was? 6 held in place with usually bands or clips. 16 A Not necessarily. 7 Q As an industrial hygienist with 17 Q Okay. Well, how, how would an 8 American Cyanamid, did you ever see pipe covering 1 8 industrial hygienist, a trained industrial 9 installed? 1 9 hygienist, determine whether the threshold limit 0 A 1probably did, but 1don't recall any 2 0 value was exceeded by merely looking? 1 specific instances. 21 A Depending on, depending on what 2 Q Okay. As an industrial hygienist, 2 2 experience the industrial hygienist has, what the 3 even outside your employment with American 2 3 job was being done, yes, there might have been 4 Cyanamid, do you ever recall seeing asbestos pipe 2 4 --they could accurately determine whether or not 5 covering cut? 2 5 an overexposure was occurring. 99 101 1 MR. HANNA: Objection, not relevant. 1 Q So you are telling me that back in 2 He is a fact witness in this case. 2 your American Cyanamid days, that you could look 3 Go ahead, sir. 3 at asbestos pipe covering being cut and determine 4 A 1have seen pipe covering cut. 1have 4 whether that exposure exceeded the threshold limit 5 seen it being put in place, yeah. 5 value? 6 Q And did it create dust when it was 6 A Yes. 7 cut? 7 Q You feel you could have done that? 8 MR. HANNA: Objection. At what point 8 A Yes. 9 in time? 9 Q And what is that based on, your 0 MS. SAV1N1S: When it is being cut. 1 0 experience? 1 MR. HANNA: Go ahead. Objection. 11 A Experience, knowing what the 2 Note my - you can answer the question, sir. 1 2 concentration was, knowing how long the job 3 A Yes, it will create some dust when it 1 3 lasted, how often the job was being done. 4 is being cut. It depends on the size of the 1 4 You have to look at the entire situation. 5 insulation, how much of it there is, where it is. 1 5 Q Okay. So air sampling would not have 6 There is a lot of questions with respect to that. 1 6 been necessary? 7 Q Doctor, can you and I agree that a 17 A That's correct. 8 worker can be exposed to asbestos above the 18 Q And that would be a good industrial 9 threshold limit value and there be no visible 1 9 hygiene practice, not to do air sampling in that 0 dust? 2 0 situation? 1 MR. HANNA: Objection. Go ahead. At 2 1 MR. HANNA: Objection, that's not what 2 what -- w hich threshold limit value, Janice? 22 he said, but go ahead. 3 The one in effect from '57 to '64, the 23 A It could be, yes. 4 current TLV, or the TLV that was revised in 2 4 Q Okay. Have you ever heard of a 5 1970? 2 5 product known as Kaylo pipe covering? Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 27 (Pages 102 t o 105) 102 104 1 A Yes. 1 A No. 2 Q Do you - can you tell me when you 2 Q Can you tell me, last question before 3 first heard of Kaylo pipe covering? 3 our break, whether American Cyanamid offered their 4 A No. 4 services to other employers in regard to 5 Q Did you have knowledge that during the 5 industrial hygiene? 6 time period relevant to this case in your 6 A To employers who were using American 7 employment at American Cyanamid that Kaylo 7 Cyanamid --Cyanamid products, the services of the 8 contained asbestos during that time? 8 corporate industrial hygienist staff were 9 A 1 don't know. 9 available to them. 0 Q You are not sure of that. 10 MS. SAVINIS: Fair enough. We are 1 I am going have Mike show you Exhibit 11 going to take a break and we will start back 2 No. 25. 12 on that point upon your return. 3 MR. HANNA: Do you need a break? 13 (Discussion off the record.) 4 THE WITNESS: 1think it is about 14 (Luncheon recess taken.) 5 lunch time. 15 THE VIDEO OPERATOR: We are back on 6 MR. HANNA: Okay. 16 the record. 7 THE WITNESS: I don't know how much 17 BY MS. SAVINIS: 8 longer. 18 Q Mr. Pendergrass, if you could give us 9 MR. HANNA: Well, let me get an idea. 19 a ballpark figure of how many times you think you 0 THE WITNESS: 1would like around 20 went to the Lederle Lab? 1 1:00. 21 A This would be a ballpark, I'd say 2 MR. HANNA: Janice, is this a 22 maybe a half dozen times. 3 convenient place to break, or do you want to 23 Q Okay. Do you recall when you were 4 finish up here? The witness is getting 24 there that there was an overexposure to chemicals 5 hungry. 25 that were associated with drug manufacturing? 103 105 1 MS. SAVINIS: Not a problem, 1 A Well, one of the --one of the 2 Mr. Pendergrass, we are going to just finish 2 responsibilities of the rest of the industrial 3 this one exhibit and we will call it 3 hygienists, of course, was to keep up with that, 4 lunchtime. 4 and one of the things that all of us tried to do 5 THE WITNESS: Fine. 5 was to be in on the beginning of things so the 6 MR. ROBB: No. 25, Janice? 6 controls could be installed before a manufacturing 7 MS. SAVINIS: Yes, please. 7 process started. 8 MR. HANNA: Thank you, Mike. 8 Did they ever have an overexposure, 9 MR. ROBB: You are welcome. 9 I'm sure that there was at some time or another, 0 BY MS. SAVINIS: 10 but I can't recall one. 1 Q This is a report that was prepared by 11 Q Let me ask you this: I'm going to 2 Mr. Bradley, and Mr. Bradley went to the Kaylo 12 have Tom hand you three pages from this 3 facility and did some dust studies, and I was 13 deposition, and more specifically of the 4 wondering if you --when you were employed by 14 deposition of January of 1992 where you talk about 5 American Cyanamid, did Mr. Bradley ever disclose 15 there being an overexposure to certain chemicals, 6 to you that he went to the Kaylo facility to do 16 and may --I'd like you to read that, and maybe 7 dust studies? 17 you could tell me about that event, and we will 8 A Is this date correct, 1968? 18 just go off the record very briefly to give you a 9 Q That date is correct, but do you have 19 chance to review pages 32, 33, and 34. 0 any knowledge whether Mr. Bradley went to the 20 A Okay. 1 Kaylo facility to do dust studies while you were 21 THE VIDEO OPERATOR: We are off the 2 employed by American Cyanamid? 22 record. 3 A No, I am not aware of it. 23 (Discussion off the record.) 4 Q Did you ever do any dust studies at 24 THE VIDEO OPERATOR: Back on the 5 any Kaylo facilities? 25 record. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 28 (P age s 106 t o 109) 106 108 1 BY MS. SAVINIS: 1 Fortunately, we were able to have electric pumps 2 Q Mr. Pendergrass, after looking at 2 very shortly. This is in 1951. Those are known 3 those deposition pages, at this deposition you 3 at midget impingers, and they were truly a 4 talked about exposures to chemicals from the 4 hand-cranked pump. 5 drugs, that there was an overexposure. Can you - 5 Q When you were employed by American 6 does this refresh your recollection about the 6 Cyanamid, were electric --electric devices 7 events at Lederle? 7 already available for air sampling? 8 A No, it doesn't, no. After all, this 8 A As I recall, they were, but I'm not 9 was a long time ago. 9 sure about the exact dates, but - 0 Q Okay. Now, you told me that before 10 Q Okay. Did American - 1 this deposition began you reviewed an article 11 A 1don't recall using a - 2 entitled "Cyanamid Industrial Hygiene Program," 12 MR. HANNA: Wait a minute. Go ahead, 3 and Mike Robb will give you another copy of that 13 finish your -- 4 article I believe that was the article that you 14 A I don't recall using a midget impinger 5 had talked about from January of '51. 15 at Cyanamid. 6 MS. SAVINIS: Mike, can you provide 16 Q What do you -- 7 the doc- -- Mr. Pendergrass a copy? 17 A I used them, but not there. 8 MR. ROBB: Yeah, 1 have Exhibit 18 Q What do you recall using at American 9 number - our No. 18 saying "Industrial 19 Cyanamid for air sampling? 0 Hygiene Program." 20 A Well, there were several different 1 MS. SAVINIS: Correct. 21 things that we used. One was the neon -- 2 A Okay. 22 compressed neon sampler that was used. We also 3 MR. HANNA: Thanks, Mike. 23 had the electric battery pumps. Those two didn't 4 MR ROBB: You're welcome. 24 come around right away. They weie desirable in 5 BY MS. SAVINIS: 25 that they were small and you could take them 107 109 1 Q This article was authored by 1 around anywhere you wanted to go. There were no 2 Mr. Bradley as the chief industrial hygienist at 2 cords to plug in or anything. 3 American Cyanamid, and I'm assuming this is the 3 Q Now, did you come to know that 4 article you reviewed before the deposition today? 4 American Cyanamid was named as a defendant in 5 A Yes, it is. 5 asbestos litigation? 6 Q Do you know if American Cyanamid, 6 A No. 7 while you were employed by them, ever --any 7 Q Now, you have testified for 8 industrial hygienist authored any other articles 8 American Cyanamid as an expert; correct? 9 about Cyanamid's industrial hygiene program? 9 A I may have. I don't remember the 0 A I'm not aware of any, but there could 10 details. 1 well have been one done, I just don't know of any. 11 Q And I'm not sure, Mr. Pendergrass, if 2 Q Now, if you would be so kind and go to 12 I am pronouncing this correctly, but 1believe you 3 the last page, page 3, and there is a heading in 13 testified for American Cyanamid as an expert in a 4 bold print entitled "Instruments"; do you see 14 case involving Aromatic Distillates. Does that - 5 that? 15 A I'm not --you're not --I'm not 6 A Yes. 16 relating to that, I don't recall. 7 Q And if you go down to the third 17 Q Okay. 8 paragraph, it talks about some of the important 18 A If 1saw it, I might be able to. 9 instruments that are used by American Cyanamid, 19 Q Okay. Now Mike is going to show you 0 and there is reference to a "hand crank pumps for 20 Answers to Interrogatories filed by Wyeth in this 1 collecting dust"; do you see that? 21 case, and the first Interrogatory we are going to 2 A Yes, yes. 22 lo o k at is In terrogatory M o. 8 3 0 Can you tell me, do you recall these 23 MR. ROBB: Janice, is that your No. 28 4 hand crank pumps that were available? 24 Exhibit? 5 A I recall them from prior to Cyanamid. 25 MS. SAVINIS: It is. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 29 (Pages 110 t o 113) 110 112 1 THE WITNESS: Thank you. 1 regard to utilizing said products in a manner so 2 MR. HANNA: You're welcome. 2 as to avoid exposing workers to amounts of dust 3 3 exceeding the maximum allowable concentration or 4 BY MS. SAVINIS: 4 threshold limit value." 5 Q And, Mr. Pendergrass, it is on 5 Reflecting on your days at American 6 page 13. 6 Cyanamid, were workers ever u'amed orally or given 7 A All right. 7 any written materials about the threshold limit 8 Q And I want you to assume that these 8 values for asbestos and asbestos exposure? 9 questions are directed to American Cyanamid, and 9 A 1don't know. 0 the question is as follows: "If any vacuum 10 Q Do you recall ever receiving such 1 systems, dust controlled devices, watering down 11 documents? 2 systems or systems of any kind designed to reduce 1 2 A No. 3 asbestos and the dust in the air were at any time 13 Q If you would be so kind and go to 4 used by your employees during the period of 14 Interrogatory No. 36. which is on page 27, and the 5 Plaintiffs employment and/or his father's 1 5 question is "For the time period from 1949," in 6 employment by you. State the first time such 1 6 your case it is just going to go up to the time 7 devices were used, and describe in detail the 1 7 period you were employed by American Cyanamid. 8 devices which were used and the location within 18 "did American Cyanamid ever warn or inform any 9 Lederle Lab." 1 9 representative of any labor union of any potential 0 My question to you is, those occasions 2 0 health hazards from use of asbestos-containing 1 where you visited the Lederle Lab facility, can 2 1 products?" Do you recall that --whether American 2 you tell me whether there were any vacuum systems, 2 2 Cyanamid ever contacted any union regarding the 3 dust controlled devices, watering down systems to 2 3 health hazards associated with asbestos? 4 control asbestos dust? 24 A 1wouldn't have any idea. 5 A Not that 1am aware of. 25 Q If you would be so kind and go to I ll 113 1 Q If you would be so kind and go to the 1 Interrogatory No. 20, which is on page 19, and the 2 next page, Interrogatory No. 10 - and, once 2 question is, "Please state any trade 3 again, we are going to assume this is being 3 organizations, group, intercompany or industrial 4 focused to American Cyanamid during the time you 4 organizations, including but not limited to the 5 were there - "Has Defendant, has American 5 National Safety Council and the Industrial Hygiene 6 Cyanamid, at any time published and distributed 6 Foundation or the Industrial Health Foundation, to 7 any brochures or other written materials or made 7 which the Defendant belonged or belongs which 8 oral communication of any kind or character that 8 conducted or is conducting studies or research. 9 contained any warnings, cautions, caveats or 9 the relationship, if any, between exposure to 0 direction to your employees concerning the 1 0 asbestos fibers or products and asbestosis, lung 1 possibility of injury resulting from the use of 1 1 cancer and mesothelioma." 2 asbestos-containing products." 12 Are you aware of American Cyanamid, 3 Thinking back on your American 1 3 other than their involvement with the IHF and 4 Cyanamid days, were any writings, brochures given 1 4 National Safety Council, of being a member of any 5 to employees regarding the health hazards linked 1 5 other type of trade organization or industrial 6 with asbestos exposure? 1 6 organization that looked at those disease 7 A I don't know. 1 7 processes associated with asbestos exposure? 8 Q Do you recall personally ever 18 A I'm not aware of it. 9 receiving such documents? 19 Q When you were employed by American 0 A 1don't recall receiving such, no. 2 0 Cyanamid, did American Cyanamid pay for your dues 1 Q If you would be so kind and go to 2 1 to belong to any organization? 2 Interrogatory N o . 12, which is on p age 15, the 22 A No. 3 question is, "State whether any of your workers 23 Q Now I'm going to have Mike Robb hand 4 using asbestos-containing products were provided 2 4 you the Second Supplemental Interrogatories that 5 with any special instructions, oral or written, in 2 5 were filed by Wyeth. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 30 (Pages J14 t o 117) 114 116 1 MS. SAVIN1S. And, Mike, that would be 1 recall Dr. Love, or does that name ring a bell to 2 document No. 30. 2 you in regard to your employment at American 3 MR. ROBB: 1just have one copy. 3 Cyanamid? 4 MR. HANNA: Don't worry about it. Go 4 A No, it doesn't. 5 ahead. 5 Q If you would be so kind and turn to 6 MR. ROBB: Thanks. 6 the next page, Interrogatory 16, and that question 7 Q Mr. Pendergrass, you had indicated 7 is to identify individuals that were employed like 8 that you were contacted by Attorney Wilcox and you 8 yourself as industrial hygienists at American 9 had contact with Tom Hanna, who is with us today. 9 Cyanamid, and the first individual that is 0 Did you have contact with any other lawyer or any 10 identified is Mr. Andresen, and we spoke about 1 other individual in regard to this case? 11 Mr. Andresen, you are identified, Mr. Bradley is 2 A Yes. 12 identified, James Rook. There is a gentleman 3 Q Who? 13 named Charles McKinnon; did you know him? 4 A Mrs. Lewis. 14 A I think that's a misprint. 1think it 5 Q Anne Lewis, okay. And she is a 15 is Charles McHenry. 6 lawyer, and 1know Anne. 16 Q And is that the man you referenced 7 Other than Anne Lewis and Mr. Hanna, 17 earlier today? 8 did you have contact with any other lawyers in 18 A 1mentioned his name earlier, yes. 9 regard to this case? 19 Q Okay. And what time frame did --say 0 A No. 20 his name again, 1apologize. :l Q When you were first contacted up until 21 A McHenry. 2 today, the time of your deposition, did Ms. 22 Q McHenry. Do you know what time frame 3 Wilcox -- or Ms. Lewis or Mr. Hanna ask you any 23 he was employed? :4 questions about the identity of any other 24 A He was employed --he and 1were 5 employees that you recall? 25 employed at about the same time. I think he 115 117 1 A Yes. 1 was - he proceeded me for a short time. He 2 Q Okay. And do you remember what 2 left --he left Cyanamid prior to, prior to my 3 information you provided to them? 3 leaving, so he was there during the time that 1-- 4 A They asked who some of the - who the 4 part of --part of the time that I was there. 5 other industrial hygienists were - 5 Q Okay. 6 Q Okay. 6 A He is dead. 7 A --who the resident industrial 7 Q And this -- there is another gentleman 8 hygienist was at Lederle, that was the gist of it. 8 identified, "Joe Mellor," M-E-L-L-O-R. Did you 9 Q Did you provide Ms. Lewis or Mr. Hanna 9 know him? 0 with any documents that you have in your 10 A Yes. Joe was the industrial hygienist 1 possession? 11 at the Warner plant. 2 A No. 12 Q At what plant? 3 Q Do you have any documents in your 13 A He later came in - Warner, 4 possession regarding your employment at American 14 W-A-R-N-E-R, location in New Jersey, and later he 5 Cyanamid? 15 came into the headquarters group. 6 A No. 16 Q Okay. So while you were there, he 7 Q If you look at Interrogatory No. 15, 17 served in both capacities, at the Warner plant and 8 which is on page 6, "1 asked them about physicians 18 then eventually moved to corporate9 9 that were employed at Lederle Lab," and a 19 A Right. 0 physician is identified by the name of 20 Q And he is also deceased? 1 Dr. F. M. Love, L-O-V-E, and it is noted that 21 A That I'm not sure of, but he probably 2 Dr. LOYe w a s th e director o f m ed ical serv ic es at 22 is. He's --he and Andresen are probably pretty 3 Lederle Lab. And my question to you is when you 23 close to the same age. 4 were thinking today, trying to identify the 24 Q Okay. 5 medical director, do you think you were trying to 25 MR. HANNA: Janice, 1think he's - 1 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 31 ( P a g e s 118 t o 121) 118 120 1 think Mr. Mellor is on the list of deceased 1 hierarchy, did industrial hygienists always 2 folks that we produced. 2 eventually answer to the medical director? 3 Q How about this gentleman Clifford 3 A At least through the time that 1was 4 Hellings, do you remember Clifford Hellings? 4 there, yes. 5 A He came to work there shortly after 1 5 Q Okay. So who would make a 6 left. In fact, he may have come there to replace 6 determination, Mr. Pendergrass, that you are going 7 me. 7 to survey a certain plant? Was that done by the 8 1know him. He is --1don't know 8 chief industrial hygienist or would that be 9 whether he left - I guess at the time Cyanamid 9 determined by the medical department? 0 was bought out by American Home Products he left 1 0 A 1think basically it was by the 1 or went with one of the --one of the residual 11 chief industrial hygienist. 2 companies. 12 Q And what -- 3 Q Did you provide his name? 13 A 1remember that we were working with 4 A No. 14 the medical director at the same time. So as far 5 Q Is he living today? 1 5 as I was concerned, I reported to the chief 6 A 1don't know. 1 6 industrial hygienist, and those plans to visit the 7 Q Okay. There is reference to a 1 7 plants were made there, I don't know where else, 8 David Hobbs, H-O-B-B-S; Joseph Pemal, 1 8 but there was probably influence from other 9 P-E-R-N-A-L; Charles Walter --Walters, excuse me, 1 9 places, but 1don't know. !0 W-A-L-T-E-R-S; and John Wright, you mentioned 2 0 Q Okay. Now, out of your average !1 Mr. Wright. Did you know Mr. Hobbs, Mr. Pemal 2 1 year --let's take one year at --that you are !2 and Mr. Walters? 2 2 employed by American Cyanamid, how much time was !3 A No. 2 3 involved actually visiting plants, best '4 Q Why did you leave American Cyanamid? 24 approximation? :5 A To go to the 3M company to start their 25 A Seventy five percent. 119 121 1 industrial hygiene program. 1 Q And then would the remaining part of 2 Q So pretty much you were being elevated 2 your work experience for the year be at the 3 to a higher position? 3 New Jersey facility, at the headquarters? 4 A 1thought so. 4 A The headquarters, yes. 5 Q Okay. Fair enough. 5 Q Was it the procedure of American 6 Mr. Bradley testified that he left 6 Cyanamid that every single year an industrial 7 American Cyanamid in 1960, he moved on and then he 7 hygienist from corporate would visit a plant? 8 talked about the rest of his career. 8 A The goal was that every plant at 9 Once Mr. Bradley left in 1960. who 9 Cyanamid --and as 1was reminded here, there was .0 became the chief hygienist or the - your boss, 1 1 0 about 60 of them --would be visited by the .1 should say? 1 1 industrial hygienist each year. .2 A Jim Rook. 12 Q And when you would go to the plant to .3 Q And did he remain your boss the 1 3 visit, to do a survey, would they provide you data .4 remaining portion of your career at American 1 4 about what materials are being manufactured there .5 Cyanamid? 1 5 and processes for that plant? .6 A No. 16 A We would have that information from .7 Q Who else served in the capacity as the 1 7 the previous visit; however, if there had been any .8 chief industrial hygienist or boss of the other 1 8 changes, then we would have had a discussion with .9 corporate members? 1 9 the plant manager as to what differences, if any, :o A Mr. Andresen. 2 0 existed over - since the last visit, and then !1 Q Anyone else? 2 1 those, of course, would be a part of the overall !2 A N ot while I w as there. 2 2 survey. !3 Q That's the only time I'm talking 23 Q So when you would prepare a writing !4 about. 2 4 after the survey was done, that survey was 15 Let me ask you this: In the 2 5 maintained? Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 32 (P age s 122 t o 125) 122 124 1 A Oh, yes. 1 Q And who was the corporate person in 2 Q Okay. And if I were to ask for that 2 charge of safety? 3 survey, what would be the proper terminology? 3 A 1can't remember the name. 4 How would 1refer to it as? 4 Q How about at Lederle? 5 A Well, now you are asking me something 5 A Same thing, 1don't remember. 6 that I was aware of back as late as 1964. At that 6 Q When you went to 3M in '64, 7 time, if you wanted, you could probably go to the 7 approximately May o f'64, how many industrial 8 industrial hygienist and say "Can 1have a copy of 8 hygienists were at the corporate level? 9 the report?" 9 A Where, at 3M? 0 Q Okay. But those reports didn't have a 10 Q No, 1 apologize, at American Cyanamid. 1 certain name? 11 A Well, I was looking and 1 see Hellings 2 A Well, they were by plant. 1 2 came in '64, but 1think that was a couple of 3 Q By plant, and they were maintained by 1 3 months. 1don't know, there might have been only 4 the industrial hygiene department? 14 four left instead of five, 1don't remember. 5 A Yes. 15 Q And when you started at American 6 Q When you would go to visit the plant, 1 6 Cyanamid, what is your approximation of the number 7 let's say those half a dozen or so times you went 17 of industrial hygienists that were in the plants. 8 to Lederle, would you go by yourself? 1 8 not corporate? 9 A Usually, yes. At Lederle, 1don't 19 A Probably four. Yeah, about four. 0 remember whether Mr. Andresen went with me or 2 0 Q Now, when you left American Cyanamid 1 not. 2 1 in May ofl964, how many industrial hygienists 2 He --we did work together sometimes, 2 2 were in the plant? 3 but I don't recall whether he ever went to -- 23 A Probably the same number. 4 whether we went to Lederle together. Probably 2 4 Q Looking at those Second Supplemental 5 not, because there was a resident industrial 2 5 Interrogatories, that paper that you have in front 123 125 i hygienist there. 1 of you, if you can look at Interrogatory No. 17, 2 Q Would this be the case, if there was 2 page 7 and 8 ,1asked a question about safety 3 not a resident hygienist at the plant, would 3 directors or safety personnel, and the answer is 4 two industrial hygienists go to do a survey? 4 that "David Hobbs, Joseph Parnell, 5 A Not generally, but on some occasions, 5 Charles Walter --Walters, and John Wright may 6 yes. 6 have held positions at the Lederle Lab facility in 7 Q But generally when you would go visit 7 the group responsible for safety of employees at 8 a plant, would you go by yourself? 8 the facility during the relevant time period." 9 A Generally, yes. 9 Reflecting back on your experience at 0 Q So if air sampling was done, it was 1 0 American Cyanamid, do you remember these 1 just done by you alone? 1 1 four individuals being part of this safety group 2 A Yes, or we could have had somebody at 1 2 at Lederle? 3 the plant to help us, say the safety officer 13 A John Wright was the resident 4 sometimes would help us with the survey, air 1 4 industrial hygienist. The others 1 don't know, 5 sampling. 1 5 1 don't know who they are. 6 Q Now -- 16 Q As an industrial hygienist, corporate 7 A But it was our responsibility to do it 1 7 industrial hygienist, were you ever considered 8 or have it done. 1 8 part of the safety department? 9 Q Do you remember a safety officer at 19 A No. 0 Lederle or a safety director that was in charge of 2 0 Q Where did safety fall - under the big 1 American Cyanamid while you were so employed? 2 1 picture here, you have the medical department 2 A There w as a safety director for the 2 2 oversees industrial hygiene; where did safety 3 corporate, for the corporate. Almost every plant, 2 3 fall, if you know? 4 1don't think there is an exception, had someone 24 A I don't recall. 1 don't know. 5 responsible for safety. 25 Q Now, when you were called upon to Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 33 (P age s 126 t o 129) 126 128 1 testify as an expert, experts in any type of 1 MR. HANNA: Okay 2 litigation are, obviously, compensated for their 2 MS. SAVINIS: I see no questions. 3 time, and my question to you, for your services 3 THE VIDEO OPERATOR: We are off the 4 today, are you being compensated for your time? 4 record. 5 A I got lunch. 5 (Recess taken) 6 Q That's it? 6 THE VIDEO OPERATOR: We are back on 7 A That's it. 7 the record. 8 Q Okay. 8 EXAMINATION 9 A 1will send you a bill, if you want. 9 BY MR. HANNA: 0 0 1think 1would have to send that to 10 Q Let me show what's been previously 1 Mr. Hanna. 1 1 marked by Ms. Savinis, and it is the article by 2 When was -- 1 2 Dr. J.C. Wagner published in the British Journal 3 MR. HANNA: It was a small hoagie, 1 3 of Industrial Medicine in 1960. 4 Janice. 14 Do you remember when Ms. Savinis 5 MS. SAV1NIS: At the five dollar foot 1 5 questioned you about that article? 6 long? 16 A Yes. 7 MR. HANNA: No, we went for the little 1 7 Q First of all, is that article an 8 ones. We are watching our waistlines here. 1 8 epidemiological study? 9 MS. SAV1N1S: All righty. 19 A No, this is a case study where 0 BY MS. SAVINIS: 2 0 Dr. Wagner was aware of several people who had 1 Q Now, can you tell me your best 2 1 developed mesothelioma, and he was --then had 2 recollection of when was the last time you 2 2 determined that they had had some exposure, at the 3 authored a state-of-the-art report in asbestos 2 3 time he believes it was a fairly light exposure, 4 litigation? 2 4 to asbestos, and this would be the - Ijust lost 5 A Oh, it would - oh, I don't know, 2 5 it --the South African-type of asbestos -- 127 129 1 I don't know that 1could do that. 1 Q Okay. 1think -- 2 Q When was the last time you gave a 2 A --Amphibole. 3 deposition in any case? 3 Q Okay. Well, Dr. Wagner actually 4 A I think that 1officially or 4 annunciates in the abstract here, if you could 5 unofficially retired in probably '09. 5 take a look at that abstract, in that part of the 6 MS. SAVINIS: Mr. Pendergrass, 1have 6 article, in his case report study, does he 7 no further questions of you -- 7 describe a particular kind of asbestos fiber in 8 MR. HANNA: Let's ju s t - 8 that study? 9 MS. SAVINIS: --and I thank you for 9 A Yes, he uses crocidolite. 0 your time. 10 Q Okay. Now, you said he, Dr. Wagner. 1 THE WITNESS: Thank you. 1 1 at the time, thought it was a relatively light 2 MR. HANNA: Okay. Let's just go off 1 2 exposure. Did he modify that position at a later 3 the video for a moment. I want to go look 1 3 time? 4 through my notes and then I may just have a 14 A Several years later he went back and 5 couple follow-ups here. 1 5 reviewed this particular study and the people 6 MS. SAVINIS: While you are doing 1 6 because he had become aware that the exposure was 7 that, Tom, I'm just going to ask anybody 1 7 probably much higher than he had thought 8 participating by phone or anyone in the 1 8 previously. 9 room - 19 Q Okay. Now, do you remember 0 MR. HANNA: If anybody has 2 0 Ms. Savinis asking you questions about the 1 questions --anybody got, anybody got -- 2 1 threshold limit values being promulgated by the 2 No questions, Janice, is that -- 2 2 American Conference of Governmental and Industrial 3 MS. SAVINIS: Anyone on the phone have 2 3 Hygienists in 1946? 4 questions? 24 A Right. 5 DEFENSE COUNSEL: No questions here. 2 5 Q Okay. First of all, this group, this Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 34 ( P a g e s 130 t o 133) 130 132 1 American Conference of Governmental Industrial 1 Q Okay. 2 Hygienists, is that some industry lobby or 2 A --you have to assume so. 3 something? What type of group is that? 3 Q Okay. Was it subsequently lowered in 4 A No, it is a governmental group, and 4 1970 and then subsequently lowered at a later 5 the origin was, and I believe it was 1938, the 5 point in time? 6 chiefs of the various state industrial hygiene 6 A Yes, if you take this period from 7 groups got together and formed what was called a 7 1960, Wagner's report, to Selikoffs report in 8 National Conference of Governmental Industrial 8 1964, the creation of OSHA in 1970 and the 9 Hygienists, the purpose being to have some 9 development of new technology, as this sampling 0 consistency in what was considered acceptable 1 0 was concerned, then the whole concept was changed 1 exposure limits. 1 1 from particles per cubic foot to asbestos 2 Now, this was a fairly small number of 1 2 particles per cubic centimeter, and only those 3 people because they just were state employees, of 1 3 particles counted that were --some were three by 4 course, the state chiefs. It was expanded to 1 4 five or longer, so there was a total change in the 5 include any governmental employee, whether state, 1 5 approach to what the exposure limit should be for 6 local, federal, it didn't make any difference, and 1 6 asbestos. 7 also members of academia, but, no, there were no 1 7 Q What led to that change after, 8 industry private sector people who were members of 1 8 you know, 19 --you know, after the Selikoff 9 ACGIH. 1 9 studies and throughout the 1970s? 0 Q So like Cyanamid or some other company 20 MS. SAVINIS: Just note, I'm going to 1 couldn't be a member of the ACGIH, is that -- 21 note an objection here. It is outside of the 2 A Yeah, or the employees of those 22 time frame that is relevant in this case, so 3 companies could not be. 23 I would move to strike any of :4 Q All right. Now, the ACGIH promulgated 24 Mr. Pendergrass' testimony regarding :5 this threshold limit value that you told 25 experiences after 1964. 131 133 i Ms. Savinis was five million particles per cubic 1 Q Okay. Go ahead, sir. 2 foot of air in 1946. From 1946, let's take it 2 A Well, as 1 mentioned, there were a 3 through the relevant time frame of this case, 3 number of things that came together, and it was 4 through 1964, did the American Conference of 4 sort of a consensus that the five million 5 Industrial Hygienists ever lower the threshold 5 particles, which counted anything and everything 6 limit value during those years? 6 that was in the field, to something that was more 7 A Not during those years, no. 7 specific for asbestos, and because you could, you 8 Q Okay. 8 could count more precisely the number of particles 9 A Now, I might add, the threshold 9 per cubic centimeter of air, but totally different 0 value --the threshold limit values committee met 1 0 from cubic feet. 1 up each year and reviewed what the threshold limit 1 1 Q Now, Ms. Savinis questioned you about 2 values were. They then had taken advantage of 1 2 your experience as assistant Secretary of Labor; 3 whatever the information was, would recommend a 1 3 do you remember her asking those questions? 4 change, either increase it or decrease it, and add 14 A Yeah. 5 new compounds to the list. 15 Q Tell -- if you would, tell me what you 6 Q Okay. Now, the --so if 1 understand 1 6 did for the --as an assistant Secretary of 7 you correctly, they had a threshold limit value 1 7 Labor. 8 committee, they met yearly, they looked at this 18 MS. SAVINIS: Again, 1object. 9 threshold limit value and they could have, if they 1 9 A Well, other than testifying - :0 wanted, lowered it; am 1correct? 20 MS. SAVINIS: One second, 1 A Yeah. 21 Mr. Pendergrass. :2 Q But they chose not to do so during the 22 Once again, I object, it exceeds the 3 relevant --from 1947 through the relevant time 23 time frame. 4 frame in this case; is that right? 24 MR. HANNA: I understand, but you 5 A Well, it was not lowered, so, yes -- 25 opened the door with it on direct. Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 35 (Pages 134 to 137) 134 136 1 Q Go ahead. 1 there, from 1957 through 1964, were being exposed 2 A Well, other than testifying before 2 to asbestos in levels -- at levels exceeding the 3 Congress, the responsibility of OSHA is to provide 3 then permissible exposure of the American 4 guidance to employers, and it is the employer's 4 Conference of Industrial Hygienists of 5 responsibility to provide a safe enough workplace, 5 five million particles per cubic foot? 6 the guidance to individuals, to labor unions, as 6 A Not that 1recall, no. 7 to what constitutes a safe work environment, and 7 Q Okay. Mrs. -- or Ms. Savinis 8 they do this through a network of compliance 8 questioned you, questioned you about folks taking 9 officers scattered around in about a hundred 9 home dusty clothes, do you remember that -- 0 different area offices. 10 A Yeah. 1 Q Now, when you were, when you were, 11 Q --and potential exposure to 2 when you were attempting to provide a safe 1 2 families? 3 workplace for workers as assistant Secretary of 13 At your time at Cyanamid, in the 4 Labor, what's the first piece of legislation that 1 4 medical literature at that time, do you recall any 5 you signed? 1 5 concern in the medical literature about household 6 MS. SAVIMS: Objection, move again to 1 6 exposures to asbestos causing malignant 7 strike any testimony. 1 7 mesothelioma? 8 MR. HANNA: Okay. Objection is noted, 1 8 A No. 9 yet you opened the door. You brought it out 19 MR. HANNA: That's all 1have. 0 on direct. 20 MS. SAVINIS: 1have a few questions, 1 Q Go ahead. 21 and I'm asking these questions subject to my 2 A It was the asbestos standard that 22 objection and how the Court would rule. 3 lowered the exposure --or the permissible 23 EXAMINATION '4 exposure limit - that is the OSHA term for the 2 4 BY MS. SAVINIS: 5 same thing - from two fibers to two-tenths of a 25 Q You were appointed assistant Secretary 135 137 1 fiber per CC. 1 of Labor under Reagan; correct? 2 Q Okay. And what was the purpose of, 2 A Correct. 3 again, lowering it to such a low level? 3 Q And you were oftentimes criticized as 4 A Well, again, it is to protect workers, 4 being pro-business; correct? 5 and when I signed it, I felt that that was 5 A 1don't know, probably. 6 certainly a level that would be protective to 6 Q If you testified in the past that that 7 workers. Personally 1didn't think it needed to 7 was one of your criticisms, would you stand by 8 be that low, but there was no reason for me to say 8 that testimony? 9 no because it would be protected. 9 A 1don't remember testifying to that, 0 Q Okay. Now, when you were at Cyanamid 1 0 but I am sure that 1was criticized for a number 1 in corporate, do you ever recall - or strike 1 1 of different things. 2 that - and specifically with respect to the 12 Q You weren't a member of - you weren't 3 Lederle facility, when you were at Cyanamid as an 1 3 Secretary of Labor when the OSHA standards for 4 1H, corporate 1H, and specifically with reference 1 4 asbestos originally came in; were you? 5 to the Lederle facility, what was the goal, first 15 A No, no, OSHA -- 6 off, of the on-site industrial hygienist? 16 Q And when did they - 7 A Well, the resident industrial 17 A OSHA was -- 8 hygienist had the same responsibilities and goals 1 8 MR. HANNA: Let him finish, Janice. 9 that the corporate had, and that was to make sure 1 9 Go ahead, sir. 0 that the, as sure as we could, that the work 20 A OSHA was organized in - well, the law 1 environment was not going to cause ill health or 2 1 was signed in December of 1970. It became a 2 damage the well-being of workers. 2 2 functioning agency in April of '71. They, then, 3 Q In your position in corporate, did you 2 3 at that time adopted some of the existing 4 ever receive any information that any of the folks 2 4 standards -- 5 at Lederle during the time frame that you were 25 Q And -- Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 36 (Pages 138 t o 141) 138 140 1 A --and asbestos was one of them. 2 Q Sure. And at that point in time you 3 were not the assistant Secretary of Labor, you 4 were at 3M? 5 A That's correct. 6 Q Now, did you -- are you telling us, 7 Mr. Pendergrass, you don't recall either way 8 whether somebody told you there was some concern 9 about asbestos at Lederle, you have no 0 recollection sitting here today? 1 MR. HANNA: Objection. Go ahead. 2 A Well, 1think if 1understand your 3 question, I don't recall that there was ever a 4 question raised with regard to asbestos exposure 5 at Lederle. 6 Q And that would have been the 7 six occasions that you visited? 8 A Yes. 9 MS. SAV1NIS: Mr. Pendergrass, thank 0 you for your time, and 1have no further 1 questions. 2 MR. HANNA: Thank you, Ms. Savinis. 3 THE WITNESS: Thank you, ma'am. 4 MS. SAVINIS: All right. Everybody be 5 safe going home. 1 2 3 4 3 6 3 8 9 10 11 12 13 1 4 15 1 6 17 18 19 20 21 22 CER1IFICATE COMMONWEALTH OF PENNSYLVANIA. ) ) SS COUNTY OF ALLEGHENY ) I Tern J Urbash. do hereby certify that before me, a Notary Public in and for the Commonwealth aforesaid personallyappeared JOHN A PENDERGRASS, who then was by me fust duly cautioned and swom to testify the truth, the whole truth, and nothing but the truth in the taking of his oral deposition in the cause aforesaid that the testimony then given by him as above set forth was by me reduced to stenotypy in the presence of said witness, and afterwards transcribed by means of computer-aided transcription 1 do further certify that this deposition was taken at the time and place in the foregoing caption specified, and was completed without adjournment I do further certify that I am not a relative, counsel or attorney of either party, or otherwise interested in the event of this action IN WITNESS WHEREOF, 1have hereunto set my hand and affixed my seal of office at Pittsburgh. Pennsylvania, on this_____day of _______________________ . 2011 _________________________ Tern J Urbash. Notary Public In and for the Commonwealth of Pennsylvania My commission expires June 7, 2012 23 24 25 139 141 1 (Discussion off the record.) 2 (Off the video record.) 3 MS. SAVINIS: On the record, every 1 COMMONWEALTH OF PENNSYLVANIA ) E R R A T A COUNTY OF ALLEGHENY ) SHEET 2 3 1, John A Pendergrass, have read the foregoing 4 document or depo pages that I made reference pages o f my deposition and wish to make the 5 to I plan to make a part of this record, 6 because, obviously, other lawyers were 7 participating that didn'thave access to 4 following, if any, amendments, additions, deletions or corrections 5 Page/Line Should Read Reason for Change 8 these documents, so I will get --look when 6 9 Terri produces the transcript, I will look at 7 8 0 the specific exhibits or documents that I 9 1 referred to, 1will make a list of those 10 2 documents and 1 will number those documents 11 12 3 and make them collectively a part of this 13 4 deposition transcript, and 1will provide 14 5 them to you and, obviously, every lawyer that 15 16 6 participates wouldbe eligible to get a copy 17 7 of those specific exhibits. 18 8 MR. HANNA: Go ahead, that's fine. 19 9 -- 0 (Thereupon, at 4:01 p.m., the In all other respects, the transcript is true and 2 0 correct 1 deposition was concluded.) 21 John A Pendergrass 2 -- 3 4 2 2 2 3 24 Subscribed and swom to before me this_____day o f ______________________________ , 2011 __________________________________________ Notary' Public 5 25 Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929 NETWORK DEPOSITION SERVICES Transcript of John Pendergrass 1 March 2 1 ,2 0 ) 1 2 Kellev Jasons McGuire Spinelli & Hanna. LLP Two Liberty Place, Suite 1900 3 50 South 16th Street Philadelphia, Pennsylvania 19102 4 5 ATTN 1 homas Hanna, Esquire 6 NOTICE OF NON-WAIVER OF SIGNATURE 7 Please have the deponent read his deposition 8 transcript All corrections are to be noted on the preceding Errata Sheet 9 Upon completion o f the above, the deponent must 10 affix his signature on the Errata Sheet, and it is to then be notarized 11 Please forward the signed original o f the Errata 12 Sheet to Janice Savinis, for attachment to the original transcript, which is in her possession, 13 copying all other counsel and myself 14 As per the rules, if the witness does not sign the signature page within 30 days after receipt o f the 15 transcript, signature is deemed waived 16 17 18 Tern J Urbash, RPR 1 9 Court Reporter 20 21 22 23 24 25 142 37 (Page 142) Johnstown - Erie - Pittsburgh - Greensburg - Harrisburg 866-565-1929